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HomeMy WebLinkAbout93-11 Amending Title 13; Transportation System Management ProceduresORDINANCE NO. 93-1I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESAo CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE IN REGARDS TO THE TRANSPORTATION SYSTEM MANAGEMENT PROCEDURES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1.: The City Council of the City of Costa Mesa finds and declares as follows: WHEREAS, the City of Costa Mesa General Plan was adopted by City Council Resolution #92-27 on March 16, 1992; and WHEREAS, adoption of the 1990 General Plan included amendments to the City's policies regarding transportation system management; and WHEREAS, inconsistencies did result between the 1990 General Plan and Article 22Z of Title 13 of the Costa Mesa Municipal Code in regards to the transportation system management procedures; and WHEREAS, pursuant to California Government Code Section 65860 (c), inconsistent zoning ordinances and maps shall be amended within a reasonable time to be consistent with the General Plan as amended; and WHEREAS, based on the evidence in the record a Negative Declaration and DeMinimis Finding have been prepared and are adopted in conjunction with the amendment to the Municipal Code; ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends Title 13 of the Costa Mesa Municipal Codes as follows: Section 2.: Article 22i of Chapter II of the Costa Mesa Municipal Code is hereby amended as follows: ARTICLE 22-1/2. TRANSPORTATION SYSTEM MANAGEMENT Sec. 13-324, Definitions. (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. 1 (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) Development Project: This article applies to the following development project approvals: general plan amendments, specific plans, master plans, rezones, development reviews, variances, use permits, administrative adjustments, development agreements, and preliminary and final development plans, unless otherwise exempted by Section 13-328. (c) Intersection: The general area where two or more roadways join or cross. (d) Master Plan of Highways: The graphic representation of the City's ultimate circulation system contained in the City of Costa Mesa General Plan. It illustrates the width and general alignment of the City's major, primary, secondary and collector highways. (e) Measurable Traffic: A volume of traffic which will result in a 0.01 or greater increase in the peak period volume to capacity ratio at any given signalized intersection. (f) Potentially Deficient Intersection: An intersection identified in the City of Costa Mesa General Plan for which the standard level of service may not be feasible upon General Plan buildout. The intersection volume to capacity ratios identified in the General Plan shall not be exceeded for these intersections. (g) Pro Rata: A proportionate share based on a development project's impacts. (h) Standard Level of Service: The Standard Level of Service shall be Level of Service "D" or better (0.90 or less volume to capacity ratio) for all signalized arterial intersections within the City of Costa Mesa during peak hours Monday through Friday with the exception of those intersections identified as potentially deficient in the General Plan. Levels of service shall be defined and computed using the Intersection Capacity Utilization (ICU) methodology. (i) Transportation Demand Management Program: A series of required and/or voluntary actions which reduce the vehicle trip generation rate of a specific use or uses of land. Sec. 13-325. Comprehensive Transportation System Improvement Program (a) Purpose: The Comprehensive Transportation System Improvement Program shall be adopted by resolution of the City Council which addresses the cumulative impacts of development in a defined impact area. This program shall mandate circulation improvements, including freeway improvements, to ensure that the Master Plan of Highways is constructed and that the Standard Level of Service is achieved and will be maintained at all intersections in the defined impact area in accordance with the City of Costa Mesa General Plan. For those intersections identified as potentially deficient, the program shall identify the maximum improvements feasible in accordance with the General Plan. The program shall address the funding, construction and maintenance of transportation facilities to implement the Master Plan of Highways. The program shall be updated on an annual basis. (b) Relationship to Development Fee Program: The Comprehensive Transportation System Improvement Program shall be utilized to determine the pro rata share of the cost of necessary improvements attributable to development projects as described in Section 13-326. (c) Development Phasing and Performance Monitoring Report: Each year the City shall prepare a Development Phasing and Performance Monitoring Report which shall be used to update the Comprehensive Transportation System Improvement Program. (d) Interim Approval Procedure: Until such time as this program is adopted, development projects not exempted pursuant to Section 13-328 may be approved if the City adopts findings that the development projects are consistent with the provisions of this article. Sec. 13-326. Development Impact Fee Program (a) Establishment of Development Impact Fee Program: A development impact fee program shall be established by resolution adopted by the City Council based on the Comprehensive Transportation System Improvement Program. The program shall set forth the basis for the fee as required by California Government Code Section 66001. The program shall establish guidelines for payment, accounting, and refund of the fees collected as required by California Government Code Sections 66001, 66006, and 66007. (b) Updates of Fee: On an annual basis, the City Council shall review this fee program, as required by California Government Code Section 66002, to determine whether the fee amounts are reasonably related to the impacts of development projects and whether the described public facilities are still needed. 01 (c) Limited Use of Fees: The revenues raised by payment through 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 facilities, described or listed in the program, 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 to the extent the actual cost of the facilities installed by the developer exceeds the impact fee obligation of the development project. (d) Developer Construction of Public Facilities: Whenever the conditions of approval of a development project require direct construction of a public transportation facility (see Section 13-327(c)) described or listed in the Comprehensive Transportation System Improvement Program, a credit or reimbursement, as applicable, shall be given against the development impact fee, which would have been charged to the development project under the program, for actual construction costs incurred by the developer. The reimbursement and/or credit amount shall not include any improvements the City can require from the development project under the Subdivision Map Act, or the portion of the improvement deemed to be an on-site improvement that is not included in the Comprehensive Transportation System Improvement Program. (e) Fee Adjustments: A developer of any development project subject to the fee program provided in this article may apply to the City Council for: (1) A waiver of the fee, or portion of the fee, based upon adequate documentation of the absence of any reasonable relationship or nexus between the circulation impacts of that development project and either the amount of the fee charged or the type of facilities to be financed; or (2) A reduction of the fee based upon the implementation of a Transportation Demand Management Program, as described in Subsection (d) of Section 13-327. The application for a fee waiver 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. The City Council shall consider the application at the public hearing on the permit 4 application held within 60 days after the filing of the application. The decision of the City Council shall be final. If a waiver is granted, any change in use or increase in building intensity within the development project shall invalidate the waiver of the fee, and the developer shall be obligated to pay the full amount of the fee attributed to the development project, including the change in use or increase in intensity, as provided by this article. (f) Fee Refunds: A refund shall be made when a building permit expires and no extensions have been granted for a development project for which the funds have been collected and the development project has not been constructed. (g) Fees for Phased Development Projects: Where there is a requirement imposed upon a phased development project pursuant to this article for the payment of traffic impact fees into a Comprehensive Transportation System Improvement Program, such fees may be payable on a pro -rata basis as each phase of the project is completed, in conjunction with the improvements accomplished. Sec. 13-327. Development Project Review Procedures. (a) Traffic Study Required: A traffic impact study shall be required for all development projects estimated by the Director of Public Services to generate 100 or more vehicle trip ends during a peak hour. Traffic studies may also be required for smaller projects at the discretion of the Director of Public Services. The cost of the study shall be paid for by the developer. The study area and number of intersections to be analyzed shall be determined by the Director of Public Services and the study area shall be reasonably related to the estimated impacts attributed to the development project. The traffic study shall also identify mitigation measures that are reasonably related to the development project's traffic impacts. (b) Mitigation Measures: Mitigation measures for development projects shall consist of either payment of a development impact fee and/or construction of circulation improvements. The necessary circulation improvements may be designed and constructed by the developer as determined by the City. These mitigation measures shall be incorporated as conditions of the development project's approval. Table 13-327(b)-1 indicates the criteria for either requiring payment of a development impact fee and/or construction of circulation improvements. (c) Approval Criteria: A development project may be approved if as a condition of approval it is required to construct a circulation improvement and/or pay a development impact fee, as shown in Table 13-327(b)-1, and if a finding is made that the development project's impacts will be mitigated at all 5 affected intersections within three years of issuance of the first building permit for said development project, as described in Section 13-327(b), unless additional right-of-way or coordination with other government agencies is required to complete the improvement. If right-of-way acquisition or coordination with other governmental agencies delays the improvement construction, appropriate measures shall be taken to ensure that the improvement construction occurs in a timely manner. Circulation improvements may be required sooner if, because of extraordinary traffic generation characteristics of the development project or extraordinary impacts to the surrounding circulation system, the circulation improvements are necessary to prevent significant adverse impacts. For phased development projects, the construction of circulation improvements may be phased as well based upon the findings of the traffic study. When a development project affects a potentially deficient intersection, the development project's impacts shall be mitigated such that the intersection volume to capacity ratios identified in the General Plan shall not be exceeded. (d) Transportation Demand Management Program: Where a Transportation Demand Management Program is used to reduce vehicle trips related to a development project, said program shall comply with the following: (1) A conditional use permit for the development project and program must be approved by the Planning Commission consistent with the requirements of Subsection (c). An annual report shall be prepared for the City at the expense of the property owner, to show whether the vehicle trip reduction identified in the program has been achieved and maintained. (2) If the annual report demonstrates that the vehicle trip reductions identified in the program have not occurred, the conditional use permit shall be reevaluated and additional conditions imposed by the Planning Commission in order to meet the requirements of this article. (3) The traffic impact development fees required under this article shall be based on the trip generation forecast without consideration of estimated reductions associated with a Transportation Demand Management Program. An application for a fee reimbursement may be approved by the City Council pursuant to Subsection (e) of Section 13-326 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) Change of Use: Each development project approved under this article shall be reevaluated by the Director of 6 Public Services when any change in use occurs which may increase the project's traffic generation. The purpose of this reevaluation is to assure that traffic capacity is available in the transportation system. Any increase in traffic generation by the change -of use shall be subject to review by the appropriate reviewing authority who may impose additional conditions on the development project for the mitigation of the increased traffic generation. Sec. 13-328. Exemptions. (a) Exempt Development Projects: 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 or units. Granny units and assessory apartments are also exempt. (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 related facilities. 4) Facilities serving the health and safety of the public, limited to hospitals, police, fire and safety facilities. 7 Table 13-327(b)-1 PROJECT INTERSECTION MITIGATION INTENT OF DEVELOPMENT SIZE CONDITION IMPACT' MEASURE(S) MITIGATION MEASURE(S) Projects generating kms Adequate No Payment of impact fee Contribute to implementation of than 100 peak hour (Standard Level of Service the Comprehensive Transportation tripends or better) System Improvement Program OR Yes Deficient (exceeds Standard Level of Service) Projects generating 100 Adequate No Payment of impact fee Contribute to implementation of or more peak hour (Standard Level of Service the Comprehensive Transportation tripends or better) System Improvement Program OR Yes Payment of impact fee Contribute to implementation of Deficient and improvement the Comprehensive Transportation (exceeds Standard Level construction by developer System Improvement Program and of Service) under conditions listed in mitigate development project's footnote #2 impacts 1. A 1 % or greater increase in the Intersection Capacity Utilization 2. When the project contributes 50% or more of the incremental impact at the intersection and all of the improvements identified in the General Plan at the subject location are required as mitigation. If all of the improvements identified in the General Plan are not required as mitigation, then only the improvements determined necessary by the Director of Public Services shall be constructed by the developer. Section 3.• 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. PASSED AND ADOPTED this ieday of ATTEST: Deputy C' y Clerk of the City of Costa Me APPROVED AS TO FORM: ��•�.a�aes l �-i3-i3 City Attorney 0 Major of the City o£ Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA 1 I, MARY T. ELLIOTT, Deputy 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. q -/ was introduced and considered section by section at a regular meeting of said City Council held on the ,3 ; day of �) 19 I-, and thereafter passed and adopted as a whole at a regular meeting of said Council held on the�� day of 192., by the following roll call vote: AYES: COUNCIL MEMBERS: (--EAI $ 14U /Y) PNR E Y� Z: -P-; 0- k5oA) NOES: COUNCIL MEMBERS: /Jo Y-) ABSENT: COUNCIL MEMBERS:G/2A)OUakl-, 3U Q J IN WITNESS WHEREOF, I have hereby set my hand nd affixed the Seal of the City of Costa Mesa this le �"' day of 1993. Deputy C' y Clerk and ex -officio Clerk o he City Council of the City of Costa Mesa 10