HomeMy WebLinkAbout88-16 Amending Title 13 to Establish Transportation System Management ProceduresORDINANCE NO. 88-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESAr CALIFORNIA, AMENDING TITLE 13
OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH
TRANSPORTATION SYSTEM MANAGEMENT PROCEDURES.
Section 1: Findings and Purpose
WHEREAS, in order to implement the goals and objectives of the
Transportation Management Element and the Circulation Element of the
City of Costa Mesa's General Plan and to mitigate the circulation
impacts caused by new development in the City, certain public road
improvements must be'constructed;
WHEREAS, the City Council has decided that a Comprehensive
Transportation System Improvement Program is needed to address the
cumulative impacts of development and mandate improvements to ensure an
acceptable level of service is achieved on all roadway links and
intersections in the City; and
WHEREAS, said program shall address the funding and maintenance
of transportation facilities to achieve an acceptable level of service;
and
WHEREAS, the City Council has determined that a development
impact fee program is needed in order to finance the construction costs
of these improvements;
WHEREAS, the adoption of an enabling ordinance for these
programs is in the public interest and promotes the public health,
safety and general welfare.
which:
ACCORDINGLY, this ordinance establishes procedures and standards
1. Establish a standard for acceptable traffic service levels.
2. Ensure that new projects and any subsequent phases do not
receive certificates of occupancy, unless related and
necessary traffic improvements are in place and all
affected major intersections and links are operating at an
acceptable level of service.
3. Ensure that new projects pay their pro rata share toward
necessary traffic improvements.
1
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Chapter 2 of Title 13 of the Costa Mesa Municipal Code by adding
Article 22-1/2.
Section 2•
ARTICLE 22-1/2. TRANSPORTATION SYSTEM MANAGEMENT
Section 13-324 - Definitions
All terms used herein shall be as defined in the ITE 1985 Highway
Capacity Manual or any subsequent updates, unless otherwise specified
herein.
A. EXISTING LOT: (1) A parcel of real property shown as a
delineated parcel of land with a number or designation on a subdivision
map recorded in the office of the county recorder and/or created in
conformance with the subdivision laws of the State of California and
applicable local ordinances.
(2 ) A parcel of real property shown on a
record of survey map or deed filed in the office of the county recorder,
when such map or deed was filed as the result of and was made a
condition of a lot division approved under the authority of prior
ordinances.
B. INTERSECTION: That section of the roadway influenced by
the signalized junction of roads, streets or ramps.
C. LINK: That section of road or street between
intersecting roads or streets, or on -ramps, but excluding the section
of road or street where traffic is influenced by the intersection of
roads, streets or ramps.
D. MEASURABLE IMPROVEMENT: An improvement which equals no
less than one (1) percent of the peak period volume to capacity ratio
at affected signalized intersection(s) consistent with lane capacity
assignment procedures of the 1985 ITE Highway Capacity Manual and is
required in addition to mitigating the impact of the development.
E. MEASURABLE TRAFFIC: A volume of traffic which will result
in an increase of one (1) percent of the peak period volume to capacity
ratio at any given signalized intersection consistent with lane capacity
assignment procedures of the 1985 ITE Highway Capacity Manual.
F. PRO RATA: A proportionate share based on a project's
impacts.
G. STANDARD LEVEL OF SERVICE: The Standard Level of Service
for the transportation system shall be Level of Service "D" or better
(0.90 or less volume to capacity ratio) for all signalized arterial
intersections controlled by the City of Costa Mesa during peak hours
2
Monday through Friday. Levels of service shall be defined and computed
using the lane capacity assignment methodology contained in the "Highway
Capacity Manual", Special Report dated 1985 by the Transportation
Research Board of the National Research Council, or any subsequent
updates.
H. TRANSPORTATION SYSTEM: The arterials defined herein,
improvements to which are not precluded by State or Federal regulations
or agencies.
I. TRANSPORTATION DEMAND MANAGEMENT PROGRAM: A series of
required and/or voluntary actions which reduce the vehicle generation
rate of a specific use or uses of land.
Section 13-325 - Comprehensive Transportation System Improvement Program
A. The Comprehensive Transportation System Improvement Program
is a plan prepared and adopted by the City which addresses the
cumulative impacts of development in a defined impact area and mandates
improvements to ensure that the Standard Level of Service is achieved
and will be maintained on all links and intersections in the area. The
program shall address the funding, construction and maintenance of
transportation facilities to achieve the Standard Level of Service. In
preparation and adoption of the program the City shall adhere to its
prescribed procedures for preparation and adoption of a general plan
amendment. The program shall be updated yearly.
B. The Comprehensive Transportation System Improvement Program
shall be utilized to determine the pro rata share of the cost of
necessary improvements attributable to a project as described in Section
13-326.
C. Each year the City shall prepare a Monitoring Report which
shall be used to update the Comprehensive Transportation System
Improvement Program.
D. Until such time as this program is adopted, developments
not exempted herein may be approved if the City adopts findings that
said developments are consistent with the provisions of this article.
Section 13-326 - Development Fee Program
A. ESTABLISHMENT OF DEVELOPMENT FEE PROGRAM: By Council
resolution, a development fee program shall be established based on the
Comprehensive Transportation System Improvement Program. The program
shall set forth the specific amount of the fee, describe the benefit and
impact area on which the development fee is imposed, list the specific
public improvements to be financed, describe the estimated cost of these
facilities, describe the reasonable relationship between this fee and
the various types of new developments and set forth time for payment.
3
On an annual basis, the City Council shall review this fee
program to determine whether the fee amounts are reasonably related to
the impacts of developments and whether the described public facilities
are still needed.
B. LIMITED USE OF FEES: The revenues raised by payment of
this fee program shall be placed in a separate and special account and
such revenues, along with any interest earnings on that account, shall
be used solely to:
1. Pay for the City's future construction of facilities
or to reimburse the City for those described or listed
facilities constructed by the City with funds advanced
by the City from other sources, or
2. Reimburse developers who have been required or
permitted to install such listed facilities which are
oversized in an incremental amount equal to the
improvement cost for oversizing.
C. DEVELOPER CONSTRUCTION OF FACILITIES: Traffic studies and
conditions of approval regarding developer construction of circulation
improvements shall'be required as follows:
1. A traffic impact study for all developments forecast
to generate 100 or more vehicle trip ends during a
peak hour with the study area and number of
intersections to be analyzed determined by the
Director of Public Services.
2. Traffic mitigation measures requiring circulation
improvements to be designed and constructed by the
developer as conditions of development approval when
necessary pursuant to Section 13-327.
Whenever the conditions of approval require construction of
a public transportation facility, a credit shall be given against the
development impact fee. Whenever the required facility has supplemental
size, length or capacity over that needed for the impacts of that
development, a reimbursement agreement and/or a credit against the fee,
shall be offered. The reimbursement amount shall not include the
portion of the improvement needed to mitigate the need for the facility
created by the development, or improvements the City can require under
the Subdivision Map Act.
D. FEE ADJUSTMENTS:. A developer of any project subject to
the fee program may apply to the City Council for: 1) A waiver of the
fee based upon the absence of any reasonable relationship or nexus
between the circulation impacts of that development and either the
amount of the fee charged or the type of facilities to be financed, 2)
A reduction or adjustment of the fee not to exceed 25% based upon
improving the local balance between jobs and housing, or 3) An
4
adjustment of the fee based upon providing land uses that generate
primarily non -peak hour vehicular trips.
The application shall be made in writing and filed with the
City Clerk not later than: 1) ten (10) days prior to the public hearing
on the development permit application- for the project, or 2) if no
development permit is required, at the time of the filing of the request
for a building permit. The application shall state in detail the
factual basis for the claim of waiver, reduction, or adjustment. The
City Council shall consider the application at the public hearing on the
permit application or -at a separate hearing held within 60 days after
the filing of the fee adjustment application. The decision of the City
Council shall be final. If a reduction, adjustment, or waiver is
granted, any change in use or increase in building intensity within the
project shall invalidate the.waiver, adjustment, or reduction of the
fee.
E. FEE REFUNDS: A refund may be made when a building permit
expires and no extensions have been granted for a development for which
the funds have been collected.
Section 13-327 - Application of Standard Level of Service
A. The City of Costa Mesa shall not approve any project and
shall defer the further approvals of any project unless it is
demonstrated that the Standard Level of Service will be achieved prior
to the use and/or occupancy of said project. This article applies to
the following project approvals: general plan amendments, specific
plans, rezones, development reviews, variances, use permits, development
agreements, and preliminary and final development plans. A project
shall not cause the affected portions of the transportation system to
operate at conditions worse than the Standard Level of Service. The
Standard Level of Service shall be achieved for all arterial links and
intersections to which that project contributes measurable traffic.
B. Notwithstanding any provision of this article, a project,
which complies with the Comprehensive Transportation System Improvement
Program and Development Fee Program, if applicable, may be approved in
the following circumstances:
1. When the existing transportation system is operating
at a level of service equal to or better than the
Standard Level of Service; and either:
a) The project, including mitigation, will not cause
the transportation system to operate at a level
worse than the Standard Level of Service; or
b) The project generates less than 100 peak hour
trips.
5
2. When the existing transportation system is operating
at a level that is worse than the Standard Level of
Service; and either:
a) The project approval is- conditioned upon the
requirement that the project's measurable traffic
shall not cause the transportation system to
operate at conditions worse than the existing
conditions and where a measurable improvement is
achieved; or
b) The project generates less than 100 peak hour
trips.
C. Where there is a requirement imposed upon a phased project
pursuant to this article for the payment of traffic impact fees into a
Comprehensive Transportation System Improvement Program, such fees shall
be payable serially as to each phase of the project, in conjunction with
the improvements accomplished and not in one payment for the entire
project.
D. Where a Transportation Demand Management Program is used to
reduce project related vehicle trips, said program shall comply with the
following:
1. A conditional use permit must be obtained for approval
of the Transportation Demand Management Program. A
yearly report shall be prepared for the City at the
expense of the property owner, to show whether said
vehicle trip reduction has been achieved and
maintained.
2. If said reductions have not occurred, the conditional
use permit shall be reevaluated and additional
conditions imposed in order to meet the requirements
of this article.
3. Required traffic impact development fees shall be
based on the trip generation forecast without
consideration of estimated reductions associated with
a Transportation Demand Management Program. Potential
fee reimbursement shall be approved by the Director of
Public Services based upon documentation of average
annual trip reduction over a three year period as
reported in the annual monitoring report referenced in
Section 13-325(C).
E. Each development approved under this article will be
reevaluated when any change in use occurs which may increase the traffic
generated for said development. The purpose of this reevaluation is to
assure that traffic capacity is available in the transportation system.
N
Section 13-328 - Exemptions
A. Projects which fall within any of the categories listed
below shall be exempt from the provisions of this article.
1) Any residential construction that does not increase the
number of permanent housing units on the parcel where the
construction takes place, such as remodeling or rebuilding
an existing house.
2) Any industrial or commercial construction that neither
increases the footprint nor square footage or changes the
use on the parcel where the construction takes place, such
as remodeling or rebuilding an existing structure, and does
not increase peak hour trip generation.
3) Public benefit facilities limited to public libraries,
public administration facilities, public parks, public
utilities, schools, and religious facilities.
4) Facilities serving the health and safety of the people,
limited to hospitals, police, fire and safety facilities.
Section 3: Severability
A. If any section, subsection, part, subpart, paragraph,
clause or phrase of this ordinance, or any revision of the ordinance is
for any reason held to be invalid or unconstitutional; the remaining
sections, subsections, parts, subparts, paragraphs, clauses or phrases
shall not be affected, but shall remain in full force and effect.
Section 4
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published once
in the ORANGE COAST DAILY PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of
this Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall
post in the office of the City Clerk a certified copy of this Ordinance
together with the names of the members of the City Council voting for
and against the same.
VA
PASSED AND ADOPTED this 3rd day of October, 1988.
ATTEST:
w
City Clerk of the City of C to
Mesa
APPROVED AS TO FORM:
City Attorney
8
Mesa
of the City of Costa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the above
and. foregoing Ordinance No. 88-16 was introduced and considered section
by section at the regular meeting of said City Council held on the 19th
day of September, 1988, and thereafter passed and adopted as a whole at
a regular meeting of said Council held on the 3rd day of October, 1988,
by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS: ` (/
ABSENT: COUNCIL MEMBERS: ��
IN, WITNESS WHEREOF, I have hereby set my hand and affixed the
Seal of the City,of.Costa Mesa this 4th day of October, 1988.
- _ Ci y Clerk and ex -officio Cler of the
City Council of the City of C to Mesa
E