Chapter 12.64
OFF-SITE TRAFFIC IMPROVEMENTS BY DEVELOPERS
Sections:
12.64.010 Definition of terms.
12.64.020 Participation in off-site improvements.
12.64.030 Trip generation study.
12.64.040 Method for determining capacity and project-generated traffic.
12.64.050 Participation threshold.
12.64.060 Future traffic target year.
12.64.070 Formula for calculating mitigation fee.
12.64.080 Frontage or contiguous improvements.
12.64.090 Voluntary installation of improvements.
12.64.120 LID waiver of protest.
12.64.010 Definition of terms.
For the purpose of this chapter, the terms listed in this section are defined as follows:
“Capacity” or “capacity of an intersection or street” means the maximum practical volume that can be accommodated by that intersection or street section. When considering improvements, “capacity” refers to the capacity of the future or improved street/intersection.
“Developer” means any person, firm, partnership, corporation, property owner, or any other entity that is proposing, planning, undertaking, or responsible for commercial, industrial, or residential project development.
“Frontage or contiguous improvements” means street extensions or specific improvements within the existing or proposed right-of-way located close or adjacent to development or proposed development. Such improvements may primarily or entirely benefit or serve the development, or may be desired by the development.
“Future traffic target year” means an established year or horizon in the future for which project-generated traffic will be calculated and used in determining a development’s impacts on intersections or traffic locations.
“Level of service (LOS)” means an established service level for a street, intersection, or transportation system component that relates the acceptable level of conditions (such as traffic volumes, delay times, congestion).
“Mitigation fee” means a fee reflecting the shared cost of specific mitigation improvements identified by a development project proponent’s traffic study, related to the impacts associated with such improvements, required when a particular development project crosses a certain threshold of impact.
“Off-site improvements” means street or traffic improvements or improvement projects at or proposed to be at streets, intersections, or locations that are remote or nonadjacent to a development or proposed development.
“Participation threshold” means the lowest level of measurable traffic impact caused by a developer that triggers or requires participation in off-site street improvement project costs by the developer.
“Project cost” means the total cost for a transportation system improvement.
“Project-generated traffic” means traffic that is anticipated to be generated by a proposed new development and would use the street network around and in the vicinity of the development.
“Trip generation” means a method of measuring traffic impacts by counting the number of vehicle trips generated in and out of a particular development during a specific time frame. [Ord. 579B, 1995.]
12.64.020 Participation in off-site improvements.
A. Participation in the costs of off-site improvements through the payment of a mitigation fee, as delineated in CMC 12.64.070, shall be required by developers and when the conditions listed below exist:
1. When it has been determined by the city that a development has caused a direct and identifiable traffic impact that meets or exceeds the participation threshold, provided in CMC 12.64.050, at a street or traffic location(s) and/or intersection(s) that are not fronting or contiguous to the development; and
2. Where an off-site traffic improvement(s) has been identified and included in the city’s capital facilities plan and/or six-year transportation improvement plan to address and/or mitigate impacts at the traffic location(s) and/or intersection(s) so impacted by the development, or where the off-site traffic improvement(s) has been installed within five years of the date the development is proposed, to address and/or mitigate impacts at the traffic location(s) and/or intersection(s) so impacted by the development.
B. Participation in the costs of off-site improvements through the payment of a mitigation fee, as delineated in CMC 12.64.070, shall be required by proposed developers when the conditions listed below exist:
1. When it has been determined by the city that a proposed development will cause a direct and identifiable traffic impact that meets or exceeds the participation threshold, provided in CMC 12.64.050, at street or traffic locations and/or intersections that are not fronting or contiguous to the proposed development; and
2. Where an off-site traffic improvement(s) has been identified and included in the city’s capital facilities plan and/or six-year transportation improvement plan to address and/or mitigate impacts at the traffic location and/or intersection determined to be so impacted by the proposed development, or where an off-site traffic improvement(s) has been installed within five years of the date the development is proposed, to address and/or mitigate impacts at the traffic location(s) and/or intersection(s) determined to be so impacted by the proposed development. [Ord. 579B, 1995.]
12.64.030 Trip generation study.
A. After a developer has submitted an application and/or proposal for a development project, the public works director and the city’s development review committee (DRC) shall separately review the project in accordance with established development criteria and development engineering standards to determine if a traffic impact analysis shall be required. If either the director or the DRC determines that a traffic analysis is required, the developer shall cause a traffic impact analysis to be conducted in accordance with the directions from the director.
B. One of the components required to be included in the traffic impact analysis shall be a trip generation study. Even if it is determined that a traffic impact analysis shall not be required, the director may require the developer to have a trip generation study conducted. Said trip generation studies shall be conducted by a traffic engineer or a traffic consultant determined to be qualified by the director. Trip generation studies shall be performed under the direction of the director in accordance with the provisions of this chapter and established development guidelines and development engineering standards.
C. Trip generation studies shall be used to forecast project-generated traffic for an established future horizon. This future horizon shall be the future traffic target year as provided in CMC 12.64.060. Such trip generation studies shall be conducted by a traffic engineer or a traffic consultant determined to be qualified by the director. Residential developments shall consider the number of dwelling units, and commercial, retail, and/or industrial development shall consider the number of square feet of gross leasable area or building area. The director may consider discounting the trip generation to account for traffic that is already on the adjacent roadway network and/or trips that are linked with other activities.
D. The developer shall be responsible for all costs associated with the traffic impact analysis and/or trip generation study. The developer shall submit a copy of the traffic impact analysis and/or trip generation study to the director for his review and acceptance prior to using the results to evaluate and/or determine levels of participation required for off-site improvements. [Ord. 819B § 13, 2007; Ord. 579B, 1995.]
12.64.040 Method for determining capacity and project-generated traffic.
For the purposes of this chapter and in conducting traffic impact analyses, trip generation studies, and calculating developer’s participation in off-site improvements, the method for determining capacity shall be as described in the most current version of the Transportation Research Board Highway Capacity Manual, and the method for determining project-generated traffic volumes shall be as forecasted using the Institute of Transportation Engineers Trip Generation Manual. [Ord. 579B, 1995.]
12.64.050 Participation threshold.
A. For the purposes of this chapter, the city shall establish a participation threshold of 10 trips per peak hour. This 10 trips per peak hour threshold sets the minimum level requiring participation in off-site street improvement project costs.
B. As part of the developer’s traffic impact analysis and/or trip generation study, intersections and traffic locations shall be identified where there will be, or are, 10 or more new peak hour, project-generated trips. If and when an improvement is warranted, then a computation of its pro rata share of the costs can be computed. Any development that does not generate 10 or more new peak hour trips at a particular location shall not be required to participate or share in the costs for any planned or implemented off-site street improvement project at that particular location. [Ord. 579B, 1995.]
12.64.060 Future traffic target year.
A. Unless the city specifically authorizes another future horizon year for a development, the initial target year, for determining future traffic, shall be five years after the development has been occupied, or in full operation, for 12 months.
B. Any developer desiring to petition the city to authorize and establish another future horizon must submit his petition in writing to the public works director, along with any justification or information supporting his petition for another initial target year. The director will then review the petition to determine if there is justification for another target year. The director will decide upon such written petition within 10 days.
C. Any developer who disputes or disagrees with the initial target year for determining future traffic, or is not satisfied with the decision of the director, may appeal the decision by formally petitioning the city council at a regular city council meeting. The city council may uphold the previous decision, or may concur with the appeal, or may modify or amend the initial target year for determining future traffic to another future horizon, or may make a decision based upon other factors. The decision of the city council will be considered final. [Ord. 579B, 1995.]
12.64.070 Formula for calculating mitigation fee.
The formula for calculating a developer’s mitigation fee or proportional share of an off-site street improvement shall be derived by dividing the project-generated traffic by the future traffic with the project. In order to determine the developer’s pro rata costs of an off-site street improvement, this value shall be multiplied by the project costs. Mathematically this formula is written as follows:
Project-Generated Traffic/Future Traffic with the Project x Project Cost = Developer’s Mitigation Fee. [Ord. 579B, 1995.]
12.64.080 Frontage or contiguous improvements.
Unless other provisions are specifically made, a developer proposing “frontage or contiguous improvements” shall be fully responsible for any and all costs associated with frontage or contiguous improvements. [Ord. 579B, 1995.]
12.64.090 Voluntary installation of improvements.
A. When a street or traffic improvement or improvements, that are not included in the city’s capital facilities plan and/or six-year transportation improvement plan, are desired by the developer or are identified by the developer’s traffic impact analysis (TIA) or by the city as being necessary in order to accommodate or required to mitigate impacts of said development, the developer may volunteer to be fully responsible for any and all costs associated with such improvements.
B. When a street or traffic improvement or improvements, that are included in the city’s capital facilities plan and/or six-year transportation plan but scheduled to be installed or implemented at some date in the future, are desired by the developer or are identified by the developer’s traffic impact analysis (TIA) or by the city as being necessary in order to accommodate or required to mitigate impacts of said development, the developer may volunteer to be fully responsible for any and all costs associated with such improvements rather than postpone or delay the development until after such scheduled improvements are installed.
C. When traffic impact(s) associated with a development cause a degradation of an established level of service standard for a street location or intersection where there is no planned traffic improvement included in the city’s capital facilities plan and/or six-year transportation plan, the developer may volunteer to be fully responsible for the installation of any traffic improvement(s) required to maintain or restore the established level of service, in order to accommodate his development, and the developer may also be responsible for any and all costs associated with such improvements rather than postpone or delay the development until after such improvements required to maintain or restore the established level of service may otherwise be installed. [Ord. 579B, 1995.]
12.64.100 Latecomers fee.
A. At the request of developers and/or others who have paid for the costs of frontage or contiguous improvements, voluntarily installed improvements or other improvements desired by the developer, or other improvement voluntarily agreed to by the developer, the city may authorize and establish a latecomers fee agreement(s) to provide opportunities for developers to recoup a portion of such costs that relate to capacity used or planned to be used by subsequent development.
B. A developer seeking the establishment of a latecomers fee shall submit a written request to the city prior to or at the time the improvement, for which the latecomers fee is being requested, is being completed or accepted by the city. Such request shall identify cost and other information that justify the proposed latecomers fee amount(s) and formula(s). The city shall consider such requests, and may accept the latecomers fee as proposed or modify the amount and/or formula, and establish a latecomers fee agreement with the developer, or the city may deny the latecomer fee request, if it disagrees with the submitted justification. [Ord. 579B, 1995.]
12.64.110 Posting of bonds.
A. When an off-site street improvement(s) is not scheduled to be installed for a few years, the city may allow a developer required to share in the costs of such improvement(s) to post a bond in the amount of the developer’s pro rata share of costs of such improvement(s).
B. Any developer desiring to post a bond with the city in the amount of his pro rata share of costs of such improvement(s) must submit his request in writing to the public works director, along with any justification or information supporting his request to post a bond rather than pay the costs for his pro rata share of such improvement(s). The director shall submit such request(s) to the city council, who will decide upon such request at a regularly scheduled city council meeting. The decision of the city council will be considered final. [Ord. 579B, 1995.]
12.64.120 LID waiver of protest.
When an off-site street improvement(s) is not scheduled to be installed for a few years and/or where such improvement(s) and its associated costs may not yet be fully identified and/or where it may be in the best interest of the city to have such improvement(s) installed or constructed and providing developer participation in such improvement(s) through the formation of a local improvement district (LID), the city council may elect to require developers to sign a waiver of protest for the formation of a local improvement district to provide for the funding of such improvement(s) in the future. [Ord. 579B, 1995.]