It is intended that major development be adequately accommodated by the existing transportation system, and permitted to proceed only if: deficient areas are being addressed through new facilities; impacts on the system be mitigated in conjunction with the development; other trip generation reduction measures are adopted which will alleviate traffic impacts; and/or the project be phased to eliminate any significant impacts.
(Ord. 1453 § 1, 1993)
The following terms used in this chapter shall have the meanings indicated below:
"Deficient intersection"
means any intersection operating at an unsatisfactory level of traffic service, either prior to or as a result of a project, on any "major," "modified major," "primary," "modified primary" or "secondary" street.
"Eligible to vote"
means all members lawfully holding office except those disqualified from voting due to a conflict of interest.
"Feasible identified improvement"
means a major improvement contemplated by, or consistent with, the circulation and land use elements of the city of La Habra, the cost of which is not so clearly disproportionate to the size of, and traffic generated by, the project that it would be unreasonable for the city to condition the project on construction of the improvement.
"Level of service D"
means that the level of service defined as the Intersection Capacity Utilization (ICU) range of 0.81 to 0.90.
"Major improvements"
means a substantial physical change to an intersection or roadway or the construction of a new road, but shall not mean resurfacing, restriping or other similar changes.
"Major," "modified major," "primary," "modified primary," or "secondary"
street shall be defined by the General Plan of the City of La Habra, Circulation Element.
"Project"
shall be determined by reference to the California Environmental Quality Act (California Public Resources Code § 21000 et seq.) and the administrative guidelines established thereunder.
"Unsatisfactory level of traffic service"
means peak period traffic service which is worse than Level of Service D for one hour determined according to standard traffic engineering practices.
(Ord. 1453 § 1, 1993)
A. 
Limitation. No building permit shall be issued, and no construction shall be commenced, for any project not exempt from this chapter until the city engineer or designee or an appeal to the planning commission or city council makes the necessary findings that the proposed development complies with the provisions of this chapter.
B. 
Findings. Based upon a review of the project traffic study submitted by the applicant, the city engineer or designee shall make a finding such that:
1. 
The project will not, at a minimum, create nor make worse an unsatisfactory level of traffic service at any study street segment or intersection.
2. 
The project will provide for improvements so that an unsatisfactory level of traffic service will not be created nor made worse at the study locations.
3. 
An overall benefit to the traffic circulation system is provided as identified through a list of improvements, programs, and/or actions with estimates of costs that will (1) result in a level of service improvement of the overall circulation system to offset impacts which will remain unimproved, and (2) may be required to show improvements in air quality as specified in the growth management element of La Habra's general plan 2020.
4. 
Feasible identified improvements cannot be provided based on available information indicating that project size, location and/or impacts when compared to the cost of necessary improvements creates an unreasonable burden on the project to the city to condition the project to complete the improvement(s) and, thus, payment of a fee by the project to fund construction of the improvements shall bear a prorated share to the traffic generated at the impacted intersection.
C. 
Application. Based upon the findings above, the project will provide required improvements or a traffic impact fee as determined by the city engineer or designee.
D. 
Exemptions. The city engineer or designee shall exempt any project from the requirements of this chapter:
1. 
If any commercial, industrial, or residential project which has less than forty trip ends during the p.m. peak hour within the traffic period from three-thirty to six-thirty p.m. shall be exempt from the requirements of this chapter as determined by the city engineer or designee, using current ITE methodology or other appropriate studies. This exemption is subject to approval by the city engineer or designee, as circumstances could cause the exemption to be rescinded (i.e., the project is adjacent to a deficient intersection).
2. 
If the applicant shall find that the city has granted entitlements which are still active for the project prior to the effective date of this chapter and that the person to whom such entitlement was issued has in good faith and in reliance upon such permit diligently commenced for work and materials necessary therefor.
E. 
Action. The application for any building, grading or other permit on a project, which is not exempt from this chapter, shall be approved, conditionally approved or denied within one year from the date on which said application has been received and accepted as complete by the city. Construction of specific transportation improvements shall be completed within three years from first building permit or prior to the issuance of certificate of occupancy whichever comes first. Any appeal to the planning commission or the city council from an action by the city engineer or designee or the planning commission on an application or a determination by the city council to review an application, shall be made within ten working days. In the event action is not taken on an application within the time limits hereof, such failure shall be deemed approval of the project which otherwise is consistent with the ordinances and general plan of the city of La Habra.
F. 
Expiration.
1. 
Any approval granted in accordance with this chapter shall expire within six months of date of approval or when all permits expire, whichever is latest.
2. 
Any approval granted in accordance with this chapter which include phases shall submit a phasing improvement plan which will be reviewed on a yearly basis.
(Ord. 1453 § 1, 1993)
A. 
An applicant shall provide a traffic analysis to determine the impacts of the proposed project on the transportation facilities which shall be found adequate in the professional judgment of the city engineer or designee.
B. 
The city engineer or designee may be contacted prior to initiation of the study to obtain a preliminary recommendation regarding matters such as traffic study period, study locations, cumulative project data, trip generation rates, analysis assumptions, etc. which may be useful information in preparation of the traffic study.
C. 
Ultimately, the city engineer or designee will determine recommended conditions based upon findings of the traffic impact analysis.
(Ord. 1453 § 1, 1993)
An annual evaluation of development phasing plans shall be conducted to ensure that road improvements or traffic impact fees were actually provided as required in order to determine whether development may continue. These efforts will review and evaluate the implementation of phasing plans specified in the condition of approval for traffic improvements required as project mitigation. If the improvements or traffic impact fees required have not been provided, development shall be deferred until compliance with the provisions of this program are achieved as specified in Section 10.52.030(B).
(Ord. 1453 § 1, 1993)
The application shall be accompanied by a fee as established by resolution of the city council to defray the expense of administering this chapter. The fees are as follows:
A. 
Traffic Impact Analysis Fee (project review for traffic impacts and appropriate mitigation measures).
B. 
Traffic Impact Analysis—Traffic Commission Fee (project review for traffic impacts and appropriate mitigation measures before traffic commission).
C. 
EIR/TIA—Traffic Commission Fee (environmental review and traffic impact analysis before traffic commission).
(Ord. 1453 § 1, 1993; Ord. 1454 § 2, 1993)
Any determination of the city engineer or designee shall be final unless there shall be an appeal of the determination by the applicant, or any other person aggrieved. Such appeal shall be made in writing and filed with the planning department not later than ten days after the date of the decision of the city engineer or his designee. The item shall be scheduled for planning commission action in accordance with customary filing deadlines for projects submitted to the planning commission. The application shall state in detail the factual basis for the claim of appeal. The planning commission shall consider the application at the public meeting on the permit application. The decision of the planning commission may be appealed to the city council, whose decision shall be final. The fee for an appeal is as follows:
A. 
Appeal Fee (review of traffic impact and mitigation measures by planning commission or city council).
(Ord. 1453 § 1, 1993; Ord. 1454 § 2, 1993)