Chapter 7.19

LAKE FOREST TRANSPORTATION MITIGATION PROGRAM

The Lake Forest Transportation Mitigation Program (the "LFTM Program") is established for the purpose of providing funding for the coordinated and phased installation of traffic and transportation improvements which will serve, benefit, and/or mitigate the impacts of development of certain parcels of land within the City (the "properties"), which are listed in Attachment "A" hereto. [1] The LFTM Program is not intended to fund deficiencies that may be caused by subsequent regional changes in traffic patterns, or subsequent circulation changes due to development outside of the properties, or to require one or more of the properties to mitigate traffic impacts caused by a deviation from the land uses allowed by GPA No. 2008-02 and GPA No. 5-10-1233. If one of the properties seeks to change or intensify its land use, that property may be required to mitigate the traffic impacts resulting from that proposed change or intensification. The fees imposed as part of the LFTM Program shall not be considered major thoroughfare fees or bridge fees for purposes of Chapter 7.18 of this Code. (Ord. 186 § 3, 7-1-2008; Ord. 218 § 2, 7-20-2010)

"ADTs" means existing and future average daily vehicular trips.

"Annual review" means a review of available funding for LFTM and a prioritization of LFTM improvements for the following year. The elements of an interim review may also be included in any annual review.

"Baseline adjustment" means a one time analysis of anticipated trip generation and traffic patterns based on the actual land uses and unit counts allowed by GPA No. 2008-02 and GPA No. 5-10-1233, and a corresponding adjustment of LFTM fees based upon the analysis.

"Director" means the City's Director of Public Works or his or her designee.

"Final map" means a "final map" as described in the California Subdivision Map Act, Chapter 2, Article 2, Government Code Section 66433 et seq., and may consist of either a final map creating parcels for which no further subdivision is permitted by the associated TPM or TTM (sometimes known as a "B Map"), or a final map creating neighborhoods or areas that may either be further subdivided with a subsequent final map or developed upon approval of the final map (sometimes known as an "A Map").

"Five-Year Review" means a complete review of the LFTM Program to be conducted by the City in five year intervals after the effective date of the LFTM Program, for the purpose of updating cost estimates, allocations, proposing alternative mitigation measures costing no more than the original mitigation measures as adjusted pursuant to the formulas herein, or eliminating specific traffic and/or transportation improvements that are no longer necessary.

"Interim Review" means a review of the LFTM Program that is prepared by the Director pursuant to Section 7.19.070(A)(4) of this chapter.

"Landowner" means the owner of one or more of the properties.

"LFTM fee" means a fee required to be paid pursuant to this LFTM Program.

1. Editor's note: Attachment "A" is not set out herein but is available for inspection in the office of the City Clerk.

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA

SUBDIVISIONS

§ 7.19.020

§ 7.19.020

"LFTM Fee Allocation Plan" means a fee allocation plan that an applicant is required to submit to the City at the time each new TPM or new TTM is filed.

"LFTM fee increase" means an increase to one or more LFTM fees or to the total TPM/TTM LFTM fees for a particular TPM or TTM, imposed through a Five-Year Review or by application of the escalator mechanism described in Section 7.19.070(A)(2).

"LFTM fee reduction" means a reduction of one or more LFTM fees, or the total TPM/TTM LFTM fees for a particular TPM or TTM.

"LFTM improvements" mean those traffic and transportation improvements listed in Section 7.19.050 that are to be developed and funded pursuant to the LFTM Program.

"LFTM Program" means the fee program established in this Chapter 7.19.

"LFTM Traffic Study" means a traffic analysis of the entire LFTM Program traffic study area.

"List of LFTM improvements" means that certain list of LFTM improvements included in the LFTM Traffic Study, which is on file with the City Clerk, and which contains all of the LFTM improvements, and which assigns the LFTM fees for each of the LFTM improvements.

"New TPM" means a Tentative Parcel Map or Vesting Tentative Parcel Map that covers a portion of the properties that has not already been mapped in a previous TPM or TTM.

"New TTM" means a Tentative Tract Map or Vesting Tentative Tract Map that covers a portion of the properties that has not already been mapped in a previous TPM or TTM.

"Parcel" means a parcel identified in an application for a TPM or TTM that has been approved by the City.

"Project features" means improvements at an intersection or roadway that directly serve the development of a parcel and involve a parcel, such as internal roadways, signal improvements, lane striping, and associated improvements that are within a property. Project features do not include LFTM improvements or construction of segments of Portola Parkway or Ridge Route.

"Property" means any one of the parcels listed in Attachment A. [2 ]

"Properties" means, collectively, those parcels listed in Attachment A. All of the properties are subject to the LFTM Program.

"Secondary improvements" mean signal improvements, lane striping, and associated improvements which are (i) identified by a TPM/TTM Traffic Study as being necessary to mitigate an impact of development associated with the TPM or TTM that increases traffic by more than 0.01 ICU (Intersection Capacity Utilization) at an intersection operating at Level of Service E or F; and (ii) pertain to an intersection listed in the table contained in Section 7.19.030.F., whether or not such improvements are directly adjacent to a parcel.

"Total parcel LFTM fees" mean the LFTM fees that are allocated to the entirety of a parcel, as set forth in the approved LFTM Fee Allocation Plan covering said parcel.

"Total TPM/TTM LFTM fees" mean the LFTM fees that are allocated to the entirety of a TPM or TTM, based on the ADTs the proposed development thereon is anticipated to generate and the LFTM fee calculation mechanism, as set forth in the approved LFTM Fee Allocation Plan for the TPM or TTM.

"TPM" means Tentative Parcel Map or Vesting Tentative Parcel Map. Unless requested by an

2. Editor's note: Attachment "A" is not set out herein but is available for inspection in the office of the City Clerk.

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA § 7.19.020

LAKE FOREST CODE

"TPM/TTM Traffic Study" means the traffic study that an applicant is required to prepare and submit in connection with each TPM and TTM it files with the City.

"TTM" means Tentative Tract Map or Vesting Tentative Tract Map. Unless requested by an applicant, "TTM" shall not include any map prepared only for financing or conveyance purposes, and that does not create any buildable parcels, provided that "TTM" shall include a "master tentative tract map" that shows buildable parcels, even if such map is subsequently followed by a map covering all or a portion of the property to which the "master tentative tract map" pertains, which is prepared only for financing or conveyance purposes.

(Ord. 186 § 3, 7-1-2008; Ord. 218 § 3, 7-20-2010; Ord. 247 §§ 55, 56, 2013)

• A. Each applicant shall pay to the City the cost incurred by the City in the analysis, review and application of the LFTM Program in connection with the City's review and processing of the applicant's proposed TPM, TTM, related discretionary applications, and/or other discretionary entitlements or approvals. Such LFTM Program review shall include, but is not limited to, the review of TPM/TTM Traffic Studies, LFTM Traffic Studies, LFTM Fee Allocation Plans, and interim reviews.

• B. In addition to the charges described in subsection A of this section, an administrative charge shall be incorporated into the LFTM fees to provide funding for the conduct of a five-year review and any other City costs not directly charged to an applicant in connection with the review and processing of a proposed project within the properties. The administrative costs described in this section reflect 10 years of administrative costs. Therefore, no separate administrative charge or adjustment shall be collected until July 1, 2018, which is 10 years from the effective date of the ordinance adopting this subsection; provided that nothing in this subsection shall preclude LFTM fee increases authorized under Section 7.19.070, or imposition of the charges described in subsection A of this section.

• C. The LFTM fees proposed in the 2006 Transportation Report are adopted for the following five (5) categories of uses: (i) single-family residential unit; (ii) multifamily residential unit; (iii) commercial retail; (iv) business park/office; and (v) other.

The LFTM fees have been based on typical trip lengths and average daily trips for each type of use, and calculated in a manner consistent with this Chapter 7.19, including, but not limited to, collection of the administrative charge described in subsection B of this Section 7.19.030 and Section 7.19.050 (List of LFTM improvements and estimated costs). The Director is hereby authorized to amend these fees as provided in Section 7.19.070.

On October 18, 2011, pursuant to uncodified Ordinance No. 236, the City implemented and applied the baseline adjustment to those properties covered by GPA No. 2008-02 and GPA No. 5-10-1233. The unit types and numbers and the total LFTM fees for property contained in the table in Section 7.19.050.D. were effective in 2008 and 2010. The updated numbers, as adjusted pursuant to the baseline adjustment, are documented in uncodified Ordinance No. 236.

• D. The properties shall pay the LFTM fees shown in the table below, which have been

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA

SUBDIVISIONS

§ 7.19.030

§ 7.19.030

calculated based on the minimum entitlements for the properties created by GPA No. 2008-02 and GPA No. 5-10-1233, separated into the categories of uses established in the 2006 Transportation Report, and shall be subject to adjustment as provided in this chapter. Any adjustment of the LFTM fees shown in the table below will be implemented through an uncodified ordinance, and will not be memorialized herein.

==> picture [401 x 320] intentionally omitted <==

----- Start of picture text -----
Total LFTM Fees
Property Unit Types and Numbers for Property
Site 1A (Shea/Baker) 889 single-family residential units $2,932,811
1,926 multifamily residential units $4,994,118
120,000 square feet commercial retail $618,720
200,000 square feet business park/office $660,000
Site 2 (Portola Center) 481 single-family residential units $1,586,819
449 multifamily residential units $1,164,257
40,000 square feet commercial retail $206,240
Site 3 (IRWD) 833 single-family residential units $2,159,969
Site 5 (Whisler/Greystone) 75 single-family residential units $247,425
Site 6 (Pacific Heritage) 85 single-family residential units $280,415
Totals 1,530 single-family residential units $5,047,470
3,208 multifamily residential units $8,318,344
160,000 square feet commercial retail $824,960
200,000 square feet business park/office $660,000
Grand Total $14,850,774
----- End of picture text -----

1. This table is subject to amendment pursuant to the baseline adjustment and other adjustments to LFTM fees. Any such amendment to this table will be implemented through uncodified ordinance.

• E. An applicant shall prepare and submit a TPM/TTM Traffic Study with each TPM and TTM the applicant files with the City. The scope of work for each TPM/TTM Traffic Study shall be consistent with the "Traffic Study Scope of Work for Participating Landowners" commissioned by the City for the LFTM Program. A traffic study which is prepared for one TPM or TTM and addresses all traffic to be generated by the property shall satisfy the requirements of this section and eliminate the need for any subsequent TPM or TTM for the same property or portion thereof, provided that the later TPM or TTM does not change the land uses or increase the density or intensity of use for the parcel or parcels. Notwithstanding any other provision of this ordinance to the contrary, the scope of work set forth in any traffic study that has been prepared, submitted to the City, and accepted by the City prior to the first reading of this ordinance shall be deemed to satisfy all requirements for a TPM/TTM Traffic Study which are set forth within this section. If a TPM/TTM Traffic Study identifies one or more project features and/or secondary improvements as necessary to mitigate an impact identified in the TPM/TTM Traffic

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA § 7.19.030

LAKE FOREST CODE

§ 7.19.030

Study, (i) the applicant shall construct, or provide for the construction of, the required project feature; and (ii) the applicant shall pay its fair share of the costs of constructing secondary improvements necessary to address the impact of the applicant's project, consisting of the nexusbased proportionate traffic share determined from the Lake Forest Traffic Analysis Model (LFTAM) using origin/destination information for all traffic that is assigned to a given improvement location. To the extent that the collective fair share payments of all applicants toward a particular secondary improvement are insufficient to fund the completion of the secondary improvement, the City shall bear the balance of the cost of completion.

• F. For purposes of this Chapter 7.19, secondary improvements may be required only for the intersections shown in the table below, and a fair share of costs of these improvements shall be paid only by the owner listed below for each intersection. The geographic scope of each TPM/TTM Traffic Study shall be limited to the property to which the study pertains, as well as that property's secondary improvement intersections.

==> picture [401 x 377] intentionally omitted <==

----- Start of picture text -----
Intersection Owner(s) Potentially Affected
Bake Parkway & Rancho Parkway South Shea/Baker
Bake Parkway & Baffin Bay (if access is taken Shea/Baker
via Baffin Bay)
Bake Parkway & Rancho Parkway Shea/Baker
El Toro Road & Glenn Ranch Road Portola Center
Marguerite Parkway & El Toro Road Portola Center
Marguerite Parkway & Los Alisos Boulevard Portola Center
Marguerite Parkway & Santa Margarita Parkway Portola Center
Los Alisos Blvd & Santa Margarita Parkway Portola Center
Saddleback Ranch Road & Millwood Road Portola Center
Saddleback Ranch Road & Malabar Road Portola Center
Biscayne Bay & Commercentre Drive IRWD
Dimension Drive & Commercentre Drive IRWD
Bake Parkway & Dimension Drive IRWD
Commercentre Drive & Indian Ocean IRWD
Osterman Road & Regency Lane Whisler/Greystone
Lake Forest Drive & Regency Lane Whisler/Greystone
Peachwood & Tamarisk Pacific Heritage
Peachwood & Trabuco Road Pacific Heritage
----- End of picture text -----

• G. In addition to the properties, LFTM shall apply to all land within the City, except for land which is developed in accordance with its designation under the City's General Plan as of the effective date of this ordinance.

• (Ord. 186 § 3, 7-1-2008; Ord. 199 § 2, 1-6-2009; Ord. 203 § 2, 7-7-2009; Ord. 206 § 2,

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA

SUBDIVISIONS

§ 7.19.030

§ 7.19.040

9-1-2009; Ord. 212 § 2, 1-19-2010; Ord. 213 § 2, 5-18-2010; Ord. 218 §§ 4, 5, 7-20-2010; Ord. 220 § 2, 12-7-2010; Ord. 235 §§ 2—4, 11-1-2011; Ord. 247 § 57, 2013)

• A. Nothing in this chapter shall excuse any applicant from compliance with fee and/or improvement obligations created or imposed by any agency or entity other than the City of Lake Forest, or from compliance with obligations created by another agency and administered by the City of Lake Forest. LFTM fees will be reduced to the extent nonLFTM funding is received for a LFTM improvement, pursuant to Section 7.19.050(B).

• B. If no other payment schedule has been approved pursuant to subsections C, D and E, concurrently with the approval of each TPM or TTM, the LFTM fees for the construction covered by the TPM or TTM shall be paid by the applicant. Each TPM or TTM approved by the City shall be conditioned upon full payment of the LFTM fees required for the project, or, if the City has approved the use of an alternative payment mechanism, each TPM or TTM shall be conditioned on the applicant's compliance with the alternative payment method. Notwithstanding any provision of this chapter to the contrary, or any payment schedule approved by the City, the City may require an applicant to pay its LFTM fees in accordance with any schedule or deadline for payment contained within a development agreement to which the City and the applicant are parties, and which governs the applicant's project.

• C. An applicant may, at the time the applicant files with the City a TPM or TTM, submit a LFTM Fee Allocation Plan and request approval of one or both methods for payment of the total TPM/TTM LFTM fees described below, as an alternative to the payment described in subsection B of this section. The applicant may request to: (i) pay the total TPM/TTM LFTM fees from funds generated by an assessment district, Community Facilities District, or similar financing vehicle approved by the City; or (ii) enter into an agreement with the City for an alternative payment schedule by which the applicant pays all of the total TPM/ TTM LFTM fees in accordance with a schedule set forth in the approved LFTM Fee Allocation Plan. Each LFTM Fee Allocation Plan shall allocate the total TPM/TTM LFTM fees applicable to the TPM or TTM and allocate the remainder of the LFTM fees to the remaining land within the properties. The allocations must include an amount per residential unit and per thousand (1,000) square feet of commercial retail, business park/ office, or other development consisting of "chargeable covered and enclosed space" as defined in Government Code Section 65995(b)(2), with a specified fee for each subdivided multifamily parcel and commercial parcel. The specified fee for each subdivided multifamily parcel and commercial parcel shall be paid in full, regardless of the actual units built on that parcel. Notwithstanding anything herein to the contrary, no revisions shall be made to the fee allocations specified in an approved LFTM Fee Allocation Plan except for revisions made pursuant to Section 7.19.070. All approved LFTM Fee Allocation Plans shall be kept on file with the City Clerk.

ifamily parcel and commercial parcel shall be paid in full, regardless of the actual units built on that parcel. Notwithstanding anything herein to the contrary, no revisions shall be made to the fee allocations specified in an approved LFTM Fee Allocation Plan except for revisions made pursuant to Section 7.19.070. All approved LFTM Fee Allocation Plans shall be kept on file with the City Clerk.

• D. The City shall accept the applicant's requested payment schedule submitted pursuant to subsection C of this section unless the City determines that: (i) there will be insufficient funds from a land-secured bond issue (e.g., assessment district or Community Facilities District) to pay for all or a portion of the total TPM/TTM LFTM fees; or (ii) payment of the applicant's fees is required sooner than in the requested payment schedule: (a) in order to comply with an applicable EIR and (b) to maintain acceptable levels of service (level of service "D" or better) on roads affected by the applicant's project earlier than the applicant's

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA § 7.19.040

LAKE FOREST CODE

§ 7.19.050

proposed payment schedule would provide funding for the improvements. The City shall not reject a requested payment schedule because an unacceptable level of service exists or will exist due to the City's delay in constructing LFTM improvements or secondary improvements for which all payments required by this chapter have been made.

• E. If the City has approved a proposed payment schedule pursuant to subsection C of this section, a written agreement describing the approved schedule must be fully executed by both the City and the applicant prior to the issuance of the first building permit for the project. The agreement must acknowledge that payments of LFTM fees made later than the approval of a TPM or TTM may be higher than payments made at the time of approval of a TPM or TTM, due to inflation-based escalation of the LFTM fees pursuant to Section 7.19.070(A)(2), or an increase imposed pursuant to a five-year review.

• F. Upon payment of all LFTM fees required for a particular project, funding by the landowner of all required secondary improvements, and completion of all required project features, no additional LFTM-related fees or construction obligations shall be imposed on the project.

• (Ord. 186 § 3, 7-1-2008; Ord. 247 § 58, 2013)

• A. The LFTM improvements, as well as the estimated cost of each LFTM improvement (including the administration charge described in Section 7.19.030(B)), are set forth in the table below. The Director may amend the List of LFTM Improvements only as set forth in this chapter. Any amendment to the List of LFTM Improvements will be implemented through an uncodified ordinance, and will not be memorialized herein in the table below. The Director may not add new LFTM improvements, except to the extent that development agreements entered into by the landowners allow the addition of improvements to Alton Parkway as LFTM improvements. To the extent that this chapter allows the Director to substitute a less expensive alternative LFTM improvement for a LFTM improvement, the substitution shall not be considered the addition of a new LFTM improvement for purposes of this section.

==> picture [401 x 231] intentionally omitted <==

----- Start of picture text -----
LFTM Improvement Estimated Cost of Improvement
Bake & Irvine/Trabuco $1,072,000
Bake & Portola $318,000
Lake Forest & Rancho $275,000
El Toro & Portola/Santa Margarita $827,000
Bake & Jeronimo $1,028,000
Lake Forest & Jeronimo $149,000
Los Alisos & Jeronimo $1,435,000
Los Alisos & Muirlands $2,517,000
Lake Forest & Rockfield $71,000
Los Alisos & Rockfield $808,000
Lake Forest & 1-5/Carlota $1,455,000
----- End of picture text -----

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA

SUBDIVISIONS

§ 7.19.050

§ 7.19.070

==> picture [401 x 193] intentionally omitted <==

----- Start of picture text -----
LFTM Improvement Estimated Cost of Improvement
Paseo De Valencia & Carlota $79,000
El Toro & Avenida Carlota $78,000
Alton & Towne Centre $25,000
Alton & Irvine $122,000
Alton & Toledo $7,000
Bake & Rockfield $1,614,000
Total Base Cost of Improvements $11,880,000
Administration & Environmental $2,970,000
Total $14,850,000
----- End of picture text -----

1. This table is subject to amendment in accordance with the baseline adjustment and other adjustments to LFTM fees. Any such amendment to this table will be implemented through uncodified ordinance.

• B. The City shall reduce the costs of the LFTM improvements to reflect any funding received for LFTM improvements from the State of California, County of Orange, North Irvine Transportation Mitigation Program (NITM), voter-approved transportation funding programs (not including assessment districts, Community Facilities Districts, or other financing vehicles described in Section 7.19.040(C), or the Foothill Circulation Phasing Plan ("FCPP"). Such reductions shall be considered in connection with an interim review or Five-Year Review and potential fee adjustments pursuant to Section 7.19.070.

• (Ord. 186 § 3, 7-1-2008; Ord. 235 §§ 5, 6, 11-1-2011)

The City reserves the right to refuse to issue building permits, establish completion of improvements as a project condition, or take other measures to prevent or delay development until an applicant has paid all required fees, including LFTM fees due and payable under this chapter, and/or completed or funded all project features and the applicant's fair share of secondary improvements for which an applicant is responsible for completing or funding. The City shall not require, as a project condition, completion of improvements that are not required to be fully funded by the project applicant. The schedule for funding and completing LFTM improvements will reflect and be based upon: (1) any applicable schedule for project phasing, including those contained in project development agreements; (2) the accumulation of LFTM fees; and (3) the project EIR's Mitigation and Monitoring Program. (Ord. 186 § 3, 7-1-2008)

• A. LFTM fee adjustments shall be implemented only in accordance with the following:

  1. Alton Parkway Improvements. At any time subsequent to the effective date of a development agreement for one of the properties, the City Council may increase the LFTM fee by no more than $760 per residential unit (or by an amount that bears the same proportional relationship to $760 that the fee categories in Section 7.19.030.C.

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA § 7.19.070

LAKE FOREST CODE

2. Annual Escalator/Deflator. The Director shall, on July 1st of each year, commencing in 2009, apply an inflation escalator/deflator to all unpaid LFTM fees, whether allocated through an approved LFTM Allocation Plan or not, and whether applicable under GPA No. 2008-02 or GPA No. 5-10-1233, based upon the California Highway Construction Cost Index for the preceding calendar year. In the event that the California Highway Construction Cost Index ceases to be published, the Director shall select a successor third-party index which is designed to reflect generally accepted changes in the cost of highway construction in Southern California.

3. Five Year Reviews. The City shall conduct Five Year Reviews of the LFTM Program. Such review shall be conducted commencing in the first full month following the fifth anniversary of the LFTM Program, and at five year intervals thereafter until all LFTM fees have been paid. As part of each Five Year Review, the Director shall conduct an updated LFTM Traffic Study to decide whether any LFTM improvements should be reduced or eliminated and review LFTM improvement construction costs, right-ofway land costs and related soft costs to amend the LFTM fees calculated through the application of the annual automatic escalator/deflator. To the extent that the annual automatic escalator/deflator does not accurately reflect how construction costs, rightof-way costs, and related soft costs have increased or decreased, a LFTM fee increase or LFTM fee reduction shall be imposed prospectively, with the approval of the City Council, to accurately reflect such costs. The Five Year Review shall not add new LFTM improvements, and shall not change the allocation formulas for LFTM fees or LFTM improvements, but may increase or decrease the estimated costs of as-yetincomplete LFTM improvements to reflect anticipated changes in the costs of such improvements, and adjust the as-yet-unpaid LFTM fees accordingly. The anticipated changes in costs shall be calculated by updating all unit costs shown in the May 2005 study commissioned by the City to reflect then-current prices. Any adjustments caused by either reduced or eliminated LFTM improvements or cost adjustments shall only apply to the unpaid LFTM fees. LFTM fee increases resulting from the Five Year Review shall be apportioned evenly over all remaining units permitted on the properties by the then-current General Plan to the extent it applies to the properties, with each thousand (1,000) square feet of commercial space comprising "chargeable covered and enclosed space" for purposes of Government Code Section 65995(b)(2) being deemed the equivalent of one residential unit for purposes of allocating the increase in the LFTM fee. LFTM fee increases shall also be consistent with any alternative payment plan approved by the City pursuant to Section 7.19.040.

with each thousand (1,000) square feet of commercial space comprising "chargeable covered and enclosed space" for purposes of Government Code Section 65995(b)(2) being deemed the equivalent of one residential unit for purposes of allocating the increase in the LFTM fee. LFTM fee increases shall also be consistent with any alternative payment plan approved by the City pursuant to Section 7.19.040.

4. Interim Review. The Director may conduct an interim review of the LFTM fees for the purpose of determining if the LFTM fees can be reduced. The Director may initiate an interim review at any time, including, but not limited to, following a failure by the County of Orange to commence construction on the extension to Alton Parkway within five years of the effective date of the ordinance codified in this chapter. In addition, any landowner may request an interim review at any time. The Director shall conduct an interim review in response to a landowner request, provided that the landowner(s) making the request shall tender to the City a deposit of the estimated cost of performing the interim review, and shall agree to pay such additional funds as may be necessary to fully pay for the interim review. A modification to the list of LFTM improvements and a reduction in the LFTM fees

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA

SUBDIVISIONS

§ 7.19.070

§ 7.19.070

shall be implemented by the City Council if either of the following conditions exist:

  - a. If a traffic study indicates that the need for a LFTM improvement has been reduced or eliminated by (i) a reduction in background traffic resulting from changes in local or regional general plans, or (ii) changes to local or regional transportation facilities, or 

  - b. If an alternative improvement has been identified which a traffic study indicates would provide equal or better mitigation to an existing LFTM improvement and would be less expensive to implement than the existing LFTM improvement. 

• B. The requirements listed below shall apply to all General Plan amendments subsequent to the amendment for the Opportunities Study Area, either within or outside the Opportunities Study Area.

  1. The applicant shall provide a traffic study to determine the traffic and transportation improvements necessary to accommodate the amendment. If the study indicates that additional traffic and transportation improvements will be required to serve the project, the applicant for the General Plan amendment will be solely responsible for the cost of these improvements, and such improvements shall not be added to the list of LFTM improvements.

  2. No General Plan amendment shall have the effect of increasing the LFTM fees for any project that is not included in the amendment. If a General Plan amendment increases the cost of project features or remaining LFTM improvements, the cost increase shall be borne entirely by the property or properties applying for the General Plan amendment, which shall be made subject to the LFTM Program to the extent possible.

amendment shall have the effect of increasing the LFTM fees for any project that is not included in the amendment. If a General Plan amendment increases the cost of project features or remaining LFTM improvements, the cost increase shall be borne entirely by the property or properties applying for the General Plan amendment, which shall be made subject to the LFTM Program to the extent possible.

3. If the General Plan amendment is approved by the City and has the effect of eliminating a LFTM improvement or reducing its cost, the Director shall implement LFTM fee reductions, and if necessary, modify the list of LFTM improvements. The owner of the property or properties for which a General Plan amendment is granted shall prepare and provide to the City a LFTM Fee Allocation Plan that allocates the LFTM fee reduction among the properties, as described in this subsection B. Payments made pursuant to this paragraph by the owner of the property or properties for which a General Plan amendment is granted shall be credited against remaining LFTM fee obligations of the original properties according to each property's share of aggregate LFTM fees, as shown in the table in Section 7.19.030 and subsequently adjusted as provided in Section 7.19.030(E). The LFTM fee reductions shall be granted in the form of fee reductions for LFTM fees not yet paid.

4. Any analysis undertaken, including analysis pursuant to the California Environmental Quality Act (CEQA), for any project within the Opportunities Study Area, regardless of whether a General Plan amendment is sought, or for a project outside the Opportunities Study Area for which a General Plan amendment is sought, shall not assume the existence of any LFTM improvements or secondary improvements which have not yet been constructed as of the date of the analysis. The LFTM fees or nonLFTM traffic impact fees for a property or property described in the preceding sentence shall be calculated under the assumption that LFTM improvements and secondary improvements (whether or not completed as of the date of the General Plan amendment or other development approval for the property) do not exist. The

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA § 7.19.070

LAKE FOREST CODE

§ 7.19.080

property or property shall pay its fair share of the cost of the LFTM improvements and any secondary improvements associated with the property or property, calculated according to the nexus between the improvements and the traffic impacts to be created by the development permitted by the General Plan amendment or existing General Plan land use designations. For purposes of this paragraph, the "Opportunities Study Area" means the approximately 838 acres of undeveloped land, including the property, within the City which is the subject of GPA No. 2008-02 and GPA No. 5-10-1233.

• C. In no case shall a land use intensity reduction or increase result in a LFTM fee increase to other parcels, notwithstanding the fact that the reduction has the effect of increasing the proportion of ADTs that have been assigned to other parcels with regard to a LFTM improvement.

• D. Any parcel or parcels to which the LFTM Program is applied shall be considered "properties" for purposes of this Chapter 7.19 and the LFTM Program, provided that no consent from the owners of such parcels shall be required (or shall be deemed to have been required) for actions taken by the City pursuant to this chapter prior to the date such parcels became subject to this chapter.

• E. Notwithstanding anything to the contrary in this ordinance, an applicant may, at any time, submit a proposal to the Director for an alternative mitigation measure to one of the LFTM improvements set forth in the list of LFTM improvements. Any such proposal shall include an analysis evidencing how the alternative mitigation measure would satisfy the City's traffic mitigation requirements with respect to the LFTM improvement that would be replaced and not result in any new or additional impacts. If the Director determines that the alternative mitigation measure would fully satisfy the City's traffic mitigation requirements with respect to the LFTM improvement that would be replaced, he or she shall revise the list of LFTM improvements to reflect the alternative mitigation measure. The applicant shall bear the cost of any new or amended CEQA documents necessary to address the alternative mitigation measure.

• F. To the extent that the City allows transfer of development rights or units from one or more parcels to another parcel or parcels, the developer shall receive credit for any LFTM fees paid in connection with a TPM/TTM at the original site.

• (Ord. 186 § 3, 7-1-2008; Ord. 218 §§ 6, 7, 7-20-2010)

To the extent feasible, the City shall expend LFTM fees within a reasonable time after their collection from applicants to install LFTM improvements required for the project for which the LFTM fees are collected, taking into consideration any TPM/TTM Traffic Studies that have been submitted to the City, as well as the City's five year strategic plan, any capital improvement plan then in effect or anticipated, and the Five-Year Review of the LFTM Program undertaken pursuant to Section 7.19.070. The City will expend LFTM fees solely for the mitigation of traffic impacts and related administration costs, but the LFTM fees paid by a particular project will not necessarily be used to fund a LFTM improvement or secondary improvement directly impacted by the project. However, the City reserves the right to fund LFTM improvements in a timely manner through the use of LFTM fees collected from any property owner, subject to compliance with mitigation measures for a particular project that may be specified in an EIR or mitigated negative declaration adopted for the project. Unspent LFTM fees shall be accounted for in the

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA

SUBDIVISIONS

§ 7.19.080

§ 7.19.110

Five-Year Review, and taken into account in calculating the revised LFTM fee. (Ord. 186 § 3, 7-1-2008)

Unless otherwise provided in a development agreement between an applicant and the City, the provisions of this section shall apply to the availability of credits and reimbursements for road improvements and the conveyance of rights-of-way for road improvements. Credits and reimbursements shall be based on the applicant's actual cost of constructing the applicable LFTM improvements; provided, however, that an applicant shall not receive credits or reimbursements for any costs in excess of the estimated costs for said improvement, as set forth in the list of LFTM improvements, unless the applicant receives the written approval of the Director. Should an applicant offer to construct LFTM improvements or convey rights-of-way for LFTM improvements, or if construction of LFTM improvements by an applicant is required by a CEQA document adopted for a particular project or a development agreement entered into by the City and the applicant, the applicant may, prior to commencing construction, apply to the City for a credit and/or reimbursement agreement, unless such construction or dedication of rights-of-way is required to be made without reimbursement or credit pursuant to a development agreement to which the applicant is a party. Execution of a credit and/or reimbursement agreement shall be at the City Council's sole discretion. Each credit and/or reimbursement agreement shall provide for the Director to determine, in his or her discretion, the acceptability of the improvements or rights-of-way, and the credits or reimbursements to be granted to the applicant. In the case of credits, the Director shall also have discretionary approval over the TTM or TPM to which such credits shall be applied. In the case of reimbursements, the agreement shall set forth the amount and payment terms of the reimbursement.

(Ord. 186 § 3, 7-1-2008)

Any decision of the Director pursuant to this ordinance may be appealed to the City Council in accordance with the provisions of Section 2.04.100 et seq. of this Code. (Ord. 186 § 3, 7-1-2008)

• A. If LFTM fees for all or a portion of a property remain unpaid at the time that the property or portion of a property are conveyed, the seller shall include notice of the LFTM Program obligations in each instrument conveying the property or portion thereof to a developer, merchant builder, or corporate or institutional purchaser.

• B. The City shall maintain a separate account (the "LFTM Account") under its custody and control to hold all LFTM fees collected. All LFTM fees collected shall be deposited in the LFTM Account. All interest or other income earned by the funds in the LFTM Account shall accrue and be deposited in such account. The City shall be reimbursed from the LFTM Account for its reasonable costs for administering and maintaining the LFTM Account.

• C. Upon written request from the owner of a property or portion thereof, the City shall deliver within 20 days a certificate stating whether or not LFTM fees for such property or portion thereof have been paid, and indicating whether there are any outstanding or future LFTM fee obligations with respect to such property or portion thereof.

• (Ord. 186 § 3, 7-1-2008)

Downloaded from https://ecode360.com/LA4954 on 2026-07-06

City of Lake Forest, CA

SUBDIVISIONS

§ 7.20.010

§ 7.20.030