Irvine Municipal Code Ch. 10 An Advanced Transportation Management System Fee

The study entitled "Advanced Transportation Management System Study" is hereby approved and incorporated herein. A copy of said study shall be kept for public reference in the Office of the City Clerk.

(Ord. No. 03-08, § 1, 3-25-03)

A. An Advanced Transportation Management System fee (the "ATMS fee") is hereby established in the City to help pay for an Advanced Transportation Management System. The City Council shall, by Council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, and list the specific public improvements to be financed. The "Advanced Transportation Management System Study" describes the estimated cost of these facilities, and the reasonable relationship between this fee and the various types of developments. As described in the fee resolution, the ATMS fee shall be paid by each owner or developer prior to issuance of a building permit.

B. The ATMS fee may be imposed only where all of the following conditions are met:

1. The Intersection Capacity Utilization (ICU) Level of Service is deficient; and

2. The physical improvements needed to mitigate the ICU value cannot be constructed because of physical or other constraints, which may preclude the construction of the required improvements; and

3. The ATMS fee will allow for a 0.05 mitigation credit to the ICU value of the existing signalized intersection; and

4. An ATMS credit has not been previously approved for the impacted intersection; and

5. The ATMS credit can only be applied to existing signalized intersections.

C. The ATMS fee is not at the option of the developer or property owner and may be imposed at the sole discretion of the Director of Public Works.

D. The ATMS fee cannot be applied without the prior approval of the Director of Public Works. Any appeal must be addressed to the City Council, which may override the Director's decision.

(Ord. No. 03-08, § 1, 3-25-03)

On a bi-annual basis, or upon award of significant grants or developer improvements, the City Council shall review the ATMS fee to determine whether the fee is reasonably related to the impacts of developments and whether the described public facilities are still needed. The City Council may periodically, by resolution, adjust the amount of the ATMS fee established by this chapter by using current construction cost index for the Los Angeles area published in the most recent Engineering News-Records Construction Cost Index, or by updating the Advanced Transportation Management Study to reflect changed conditions.

The study entitled "Advanced Transportation Management System Study," a copy of which is available in the office of the City Clerk, is approved and incorporated herein.

(Ord. No. 03-08, § 1, 3-25-03)

This chapter shall not apply to the Irvine Business Complex, which currently has operational traffic mitigation programs in effect.

This chapter shall not be applicable to new or proposed signalized intersections.

(Ord. No. 03-08, § 1, 3-25-03)

The revenues raised by payment of the ATMS fee 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 pay for the City's construction of Advance Transportation Management System facilities or to reimburse the City for such facilities constructed by the City with funds advanced by the City from other sources.

(Ord. No. 03-08, § 1, 3-25-03)

The City Attorney is hereby authorized and directed to initiate such legal proceeding as may be necessary to enforce the provisions of this chapter.

This chapter shall be effective 30 days following the passage by the City Council of the ordinance from which this chapter is derived.

(Ord. No. 03-08, § 1, 3-25-03)

The City Council of the City of Irvine hereby declares that should any section, paragraph, sentence or word of this chapter of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portions as may be declared invalid.

(Ord. No. 03-08, § 1, 3-25-03)

Neither the adoption of this chapter nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this chapter, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

(Ord. No. 03-08, § 1, 3-25-03)