Article 3 — Transportation System Management

The purpose of this article is to set forth the provisions for assuring an adequate transportation system in conjunction with new development.

(Ord. No. 97-11, § 2, 5-5-97)

For the purpose of this article, the following definitions shall apply:

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, minor modifications and development agreements, unless otherwise exempted by section 13-276 , Exemptions.

Intersection. The general area where two or more roadways join or cross.

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.

Potentially deficient intersection. An intersection identified in the 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.

Pro rata. A proportionate share based on a development project's impacts.

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 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.

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.

(Ord. No. 97-11, § 2, 5-5-97)

• (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 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 13-274 , Development fee program.

• (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 13276 , Exemptions, may be approved if the city adopts findings that the development projects are consistent with the provisions of this article.

• (Ord. No. 97-11, § 2, 5-5-97)

• (a) Establishment of development impact fee program. A development impact fee program shall be established by resolution of the city council based on the comprehensive transportation system improvement program. The program shall set forth the basis for the fee as required by State Government Code section 66001 . The program shall establish guidelines for payment, accounting, and refund of the fees collected as required by State 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 State 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.

• (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 13-275(c), Development project review procedures) 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 section 13-275(d), Development project review procedures.

  • (3) The application for a fee waiver shall be made in writing and filed with the city clerk not later than:

• a. 10 days prior to the public hearing on the development permit application for the project; or

  - b. If no development permit is required, at the time of the filing of the request for a building permit. 
  

  • (4) 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 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.

(Ord. No. 97-11, § 2, 5-5-97)

• (a) Traffic study required. A traffic impact study shall be required for all development projects estimated by the public services director 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 public services director. 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 public services director 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 13-275 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 13-275, and if a finding is made that the development project's impacts will be mitigated at all affected intersections within three years of issuance of the first building permit for the development project, as described in subsection (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, the 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 section 13-274(e), Development fee program, based upon documentation of average annual trip reduction over a three-year period as reported in the annual monitoring report referenced in section 13-273(c), Comprehensive transportation system improvement program.

• (e) Change of use. Each development project approved under this article shall be reevaluated by the public services director 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.

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.

1 ICU = 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 public services director shall be constructed by the developer.

(Ord. No. 97-11, § 2, 5-5-97)

• (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 lot where the construction takes place, such as remodeling or rebuilding an existing house or units. Second units are also exempt.

  • (2) Any industrial or commercial construction that neither increases the footprint nor square footage or changes the use on the lot 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. (Ord. No. 11-10, § 1, 9-20-11)