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HomeMy WebLinkAbout19-Public Works J / File No. 4.01 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: qOGER G. HARDGRAVE Subject: ADproval of Traffic Systems Fee -- $12 per trip, Generated by New Developments or Redevelopment Dept: Pub li cWo r k s / E n gin e e ri n 9 Date: 02-15-88 Synopsis of Previous Council action: None. Recommended motion: That a public hearing be set at 9:30 a.m. on to consider the establishment of a Traffic Systems Fee in the amount of $12.00 per trip generated by a development. Adopt Resolution and Ordinance. cc: Ray Schweitzer Jim Penman Ann Siracusa Mark Sutton ~ cL;~ Signature Supporting data attached: Gene Klatt Staff Report, Ordinance & Resolution Phone: 51.25 Contact person: Ward: ALL FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No. /9 r RESO: ESTABLISHIN< 'HE AMOUNT OF AFFIC SYSTEMS FEE 1 2 3 4 5 6 7 8 SECTION 2. This resolution shall be effective I HEREBY CERTIFY that the foregoing Resolution was duly Bernardino, at a adopted by the Mayor and Common Council of the City of San meeting held on the day of to-wit: , 1988, by the following vote, AYES: Council Members 9 10 NAYS: 11 ABSENT: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY CLERK The foregoing Resoulution is hereby approved on the day of , 1988. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: ^ " ! . ." / .\-('"2'1. '7~1-.t;~ )r' ,/ t.~,}.A"-l.,..y__ <;.:i/ty Attorney JFW: s s 3-24-8R - 2 - 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.26 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A TRAFFIC 3 SYSTEMS FUND AND TO IMPOSE A TRAFFIC SYSTEMS FEE. 4 SECTION 1. RECITALS. WHEREAS, because of new 5 development and the change in use of existing development, there 6 exists a need in the City of San Bernardino for additional 7 traffic control devices, traffic related improvements and 8 upgrades of the existing transportation system, and 9 ~VHEREAS, the new systems and improvements to meet such 10 needs are set forth in the Five Year Capital Improvement 11 Plan, the Regional Transportation Improvement Program (RTIP), 12 and the State Transportation Improvement Program (STIP), and, 13 WHEREAS, the Public Work::; Department has completed a study 14 supporting the need for such additional transportation systems, 15 traffic control devices and traffic system improvements and 16 determining the cost thereof, and 17 WHEREAS, this need is created by: growth throughout the 18 City, increases in vehicle loading of the existing systems, 19 and a public demand for safer, more effective transportation 20 networks, 21 NOW, THEREFORE, the Mayor and Common Council do ordain 22 as follows: 23 SECTION 2. Chapter 3.26 is added to the San Bernardino 24 Municipal Code to read as follows: 25 3.26.010. All public streets and highways under 26 jurisdiction of the City of San Bernardino and all traffic 27 control devices thereon are hereby declared to be a single 28 transportation network. This includes all dedicated streets JFW: ss 3-2.5-88 - 1 - ORD: ADDING CHAPTER 3.26 TO SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A TRAFFIC SYSTEMS FUND TO IMPOSE A TRAFFIC SYSTEMS FEE 1 either existing or planned. 2 3 3.26.020 Fund Established A Traffic Systems Fund is hereby established. The 4 Traffic Systems Fund is a fund for payment of the actual or 5 estimated costs of the design, upgrading or improvement of 6 the traffic network. 7 3.26.030 Traffic Systems Fee 8 A. There is hereby imposed a Traffic Systems Fee on all 9 new development and any substantial improvement, which results 10 in a net increase in the number of vehicle trips generated by 11 a development as determined by a traffic study or by average 12 trip estimates as published In the "Trip Generation", An 13 Information Report (Current Edition) of the Institute of 14 Transportation Engineers and accepted by the Director of Public 15 WorkslCity Engineer. The amount of said fee shall be as 16 established by Resolution of the Mayor and Common Council; 17 however, in no event shall such fee exceed the pro-rata share 18 of such development for the cost of any traffic system 19 improvements to which such fee shall be applied. All Traffic 20 Systems Fees collected shall be deposited in the Traffic 21 Systems Fund. 22 B. The number of vehicle trips shall be calculated based 23 on the total square foot area of the development or 24 substantial improvement in accordance with the average trip 25 rate as contained in the publication "Trip Generation" 26 (Current Edition) An Information Report, as prepared by the 27 Institute of Transportation Engineers. 28 III JFW:ss 3-25-88 - 2 - ORD: ADDING CHAPTER 3.26 TO SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A TRAFFIC SYSTEMS FUND AND TO IMPOSE A TRAFFIC SYSTEMS FEE 1 C. Capture rates or reductions in the number of trips 2 shall not be applied towards a reduction in the Traffic Systems 3 Fee to be paid. 4 3.26.040 Disposition of Funds 5 A. All monies in the Traffic Systems Fund not immediately 6 required for cons~ruction of traffic system improvements shall 7 be invested in a manner provided by law of the State of 8 California, and all interest paid on such investment shall 9 accrue to said fund. These monies shall thereafter be 10 accounted for as required by California Government Code 11 Section 66001 subsections (c) (d) and (e). 12 I HEREBY CERTIFY that the foregoing Ordinance was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a meeting thereof, held on the 15 day of 16 to-wit: 17 AYES: 18 , 1988, by the following vote, Council Members 19 NAYS: 20 ABSENT: 21 22 23 III 24 I I I 25 III 26 I I I 27 I I I 28 - 3 - CITY CLERK JFW:ss 3-25-88 ORD: ADDING CHAPTER 3.26 TO SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A TRAFFIC SYSTEMS FUND AND TO IMPOSE A TRAFFIC SYSTEMS FEE 1 The foregoing Ordinance is hereby approved this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day of , 1988. Evlyn Wilcox, Mayor City of San Bernardino APB~oved as to form and legal content: ",:, :7 r>" v ~ i---~,)' /7 {,' ....'-y" - ,.;---. city Attorney JFW:ss 3-24-88 - 4 - -, s.a....... C1yd~ E. S~~~t Jr. 2459 C~"""'~~~ Dri~~ B~r........ardi.......~. CA 92404-4210 714-882-7802 "j '":'.... .; !'~. <.. It"' '- March 25, 1988 Honorable Mayor and Members of the City Council City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 SUBJECT: TRAFFIC SYSTEMS FEE Dear Mayor and Council: I see and understand the need for additional funds for I have, improving the transportation network in the City. however, some technical comments on how the proposed fee should be calculated and applied. TRAFFIC SYSTEMS FEE FIRST: impact that a development has on the transportation network. SECOND: This new fee should be calculated on the same basis Any new fee should be proportionate to the amount of for all classes of development: residential, commercial, industrial, etc. THIRD: NEW vehicle trips can be a consistent and correct Trips from new residences are way of applying the fee. considered new trips and most industrial trips end up being new trips. Commercial trips require a traffic professional, experienced in traffic planning, to estimate the proportion of new trips. ~OUBT~: The amount of the fee, $12.00 per vehicle trip, should be $12.00 per NEW vehicle trip. FIf~H: The calculation of the NEW vehicle trips for the fee application should be based on the results of a traffic 1- /9 study done by a professional traffic engineer with experience in traffic planning. In the absence of a traffic study, total trip figures from generally accepted information sources could be used. SI~.!.!::!.: The above methodology provides for differences in NEW trip generation by type of development and by location in the City. ~~~~~TH: I would want the Council to reV1ew the fee each year; it should not be automatically adjusted by any index or interpretation of some regional cost index. COMMENTS ON THE STAFF PROPOSAL The 2/15/88 version of the fee ordinance and resolution (the one available to the public from the City Clerk on 3-25-88) displays considerable ignorance of trip generation and traffic analysis. The following criteria are not my opinion, they are nationally adopted ITE criteria. 1. ~~s..!.pen~?:._~~.J:.y_...9.~IJ...e;:r..~!_~.9-.-!:I.2.P..~ are NOT cal cuI ated on the square foot area of the development, they ARE almost always calculated based on the number of dwelling units. 2. g"l?.!.!Imers..! a!._~'l-9..~n~r.::.~_!:..~_<:!...J::!."~s are NOT cal cuI ated on the total square foot of the development, they ARE calculated on the gross leasable square feet of building area. 3. Industrial and o~fic~ generated trips are NOT normally calculated on the total square foot area of the development; they ARE calculated on the gross building area. The staff proposal also calls for the use of the ITE Trip Generation Report to serve as the source of the trip generation rates. This is an unprofessional use of this informational report. The preparer of the report, Mr. Carl Buttke, states that "Extreme Care" should be taken when applying the rates and that local adjustments should be made to these rates. 2 Wide use is made of the ITE and other published trip rates, but they have no place in a City fee generation document. If there is no traffic study data, then by all means one should use an available average. However, this should be left to the judgement of the traffic professional conducting the analysis or the study. If a particular developer chooses not to have a traffic study, then the ITE or other locally adapted rates would then be used. It is my opinion that the staff proposal is an incorrect application of trip rates from any generally available trip rate source. The total reliance on published trip rates strongly indicates ignorance of trip generation and is an unprofessional attempt to make traffic engineering estimating into a cook-book exercise. LEGAL IMPLICATIONS The 1987 Nollan v. California Coastal Commission case is cited ty Attorney Nancy Stroud. The case results in a Federal Constitutional requirement for a close nexus between the fee and the purpose it serves. As I understand it, the California courts have found that new development is what creates the need for added capital improvements. Not being an attorney, I can only go by what I read. But, it appears to me that only the new trips would meet the fair cost apportionment test and that the method of calculating those trips cannot be delegated to an informational report in which the author urges "Extreme Care" in its application. REQUEST I am asking that the fee ordinanace and resolution be written to respond to the points in this letter so that the method of calculation i~ done in a correct and professional manner. 7. w I am sorry that my employment will probably keep me from being present during the Council Sessions, but I am very concerned about this particular issue and the correct application of traffic engineering methods wherever they are used. Respectfully submitted, ~~ ~M), Registered Traffic Engineer, California TR0205 Registered Civil Engineer, California CE26690 Over 25 years in Transportation Resident of San Bernardino, over 14 years 4 NON-RESIDENTIAL TRIP GENERATION POSITION STATEMENT Accurate trip generation is not a simple case of applying a trip rate to the land use and applying that same traffic to the street system. Trip generation rates for non-residential uses only provide an estimate of the driveway traffic which may use the particular land use in a single or a multiple-use development. The amount of traffic which is actually added to the street system is almost always a smaller number. In non-residential use developments, there are three general components of the traffic: Existing traffic, Duplicate trip traffic, and Newly-attracted traffic. Newly-attracted traffic consists of Totally-new and/or Diverted traffic, depending upon the particular development. Existing traffic is the traffic which is already ~n.the street or proposed to be on the street at a future time for which estimates are available. Duplicate trip traffic has two components: one consists of the trips which may use two or more of the land uses in a mixed use development during one visit; the second component is the existing traffic (sometimes called passing-by traffic) that will use the new development. Vehicle trips must only be counted once when the trips are generated for the site entrance(s) and also when applied as added traffic to the street system. One example of duplicate trips is a motel next to a restaurant. A second example would be an auto-center consisting of multiple automobile dealerships with competing vehicle types next to retail facilities. The second example 1 contains duplicate trips between dealers as well as between the dealers and the retail facilities. The existing traffic on the adjacent streets will also provide trips that will use the dealerships and/or the retail facilities. Newly-attracted trips are the traffic which can be attracted to the site from traffic that is not currently in the existing or proposed traffic stream. This traffic may be diverted from another traffic facility, if this is possible, or it may be totally-new traffic attracted to the site from another area. Totally-new traffic would only be generated by significant developments, such as a major discount store, a new regional shopping center or similar attractors; this traffic would consist of trips to the development that would not normally travel on the immediate area streets without the existance of the new development. Diverted traffic is difficult to determine, but it is better to estimate carefully based on studies and experience than to artificially add traffic to the street system that may technically cause a decrease in the street system level of service, but, in actuality, it can never exist to have any effect on the street system at all. It has been found that trip generation is most accurately portrayed when using the most recent sample and/or average trip rate data available and then adjusting this to fit the local situation. Even when consider~ng the environmental worst case or maximum land use intensity for developing the site traffic, it is essential to be as accurate as possible. It is necessary tq examine the proposed development as completely as possible (and in as much detail as possible) before accepting the average in any of the samples (trip rate averages) for trip generation use. The trip rate examination is particularly important when the sample rates being considered for use have been 2. gathered over a long period of time under changing land use regulations and building requirements. These changing land regulation differences can produce highly exaggerated trip generation figures unless they are evaluated by a currently experienced traffic professional before being applied to a current project. Only a professional who regularly conducts traffic generation and impact studies and analyses is able to evaluate trip generation rates for an area. Others will have to follow available averages with no way of judging the applicability of the trip generation rates. It is suggested that the cautions stipulated in the use of the I.T.E. Trip Generation Manual rates, as printed in the Manual, be followed. Page 11 of the 1983 Manual states: "Variations in generation rates for the same building or land-use type exist and have been identified in the report. Because of these variations, sample size and special characteristics of a site being analyzed, extreme care must be made in the use of the rates. ... At specific sites, the traffic and transportation engineer may wish to modify the generation rate presented in this report because of .....special characteristics of the site or the surrounding area." A caution is also emphasized in the 1987 ITE Manual, on page 1. "Variations in trip generation characteristics for a land use type exist and have been identified in the report. Because of these variations, the sample size, and the special characteristics of the site being analyzed, extreme care must be made in the use of the data. The San Diego Traffic Generators book also states that it is a guide subject to change. Some examples of trip generation can be cited. 3- 1. For mini-marts with gasoline sales and local convenience stores, current studies show that about 99 percent of the trips generated are already on the adjacent streets. 2. A published study of regional shopping center traffic showed the following: Diverted Traffic from another route: 40% Newly Attracted traffic, not using adjacent traffic facilities: 35% Existing or passing-by traffic: 25% Where diverted traffic is not possible, the draw from existing or passing traffic increases to about 60 percent. 3. Small to medium shopping centers appear to attract from 40 to 60 percent of the total traffic from vehicles not now on the adjacent streets; the percentage selected requires a thorough examination and depends upon the particular site under development. OBSERVATIONS It is very easy for anyone to challenge the application of the experience of traffic professionals, if they so desire, by singling out some perceived or personal experience in order to disprove a particular traffic estimate. This is an emotional or a personal ego approach to the problem. It may also be a reaction to some preconceived decision about the situation - otherwise known in the press as "playing politics" - or just pushing personal desires over reality. Representatives of Government may also wish to reduce trip generation to a cook-book approach so that they have less work to do and also so they do not have to accept the experience of another professional unless it fits their 4- experience. Government representatives may also wish to control the application of the traffic figures to protect some particular plan or conception of how things should be. Traffic estimation is an "art" best left to the currently experienced in the field, even if it does leave open the possibility of some error. Overkill to be always-on-the-safe-side is a greater error and is unfair to everyone; it is basically dishonest unless there is a stated reason for using ultra-liberal traffic figures in a particular situation. It is very easy to look up an average number in a guideline or a reference book and insist on using that number as "the best one we have." This is the same thing as challenging every step a person makes and requiring proof of each asumption used, ignoring the fact that years of cumulative experience is what the traffic professional is all about. Reducing traffic estimating to a simplistic cook-book approach makes it possible for anyone to be a traffic estimator, without any experience, and it is also absolutely wrong. Incorrectly done trip generatian studies may cause incorrectly applied traffic measures, unnecessary increases in infrastructure costs, and they can decrease considerably the confidence of citizens in the ability of government to provide adequately for future traffic conditions. Somewhere along the line, we have to look at the ultimate cost of simplifying everything or of making everything so safe and conservative that no one can afford to do anything. 5