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RES-7924 Adopting General Plan Amendment No. 2-91RESOLUTION NO. 7924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING GENERAL PLAN AMENDMENT 2-91, THE GROWTH MANAGEMENT ELEMENT.General Plan Amendment 2-91.theGrowth Manal?: ement Element City of Orange On motion of the City Council of the City of Orange, duly seconded and carried, the following Resolution was adopted:WHEREAS, the City of Orange has an adopted General Plan; and WHEREAS, the Planning and Zoning Law of the State of California provides for the adoption of additional General Plan Elements to address local concerns; and WHEREAS, on November 6, 1990 Orange County voters approved the Revised Traffic Improvement and Growth Management Ordinance (Measure M) which provided for new transportation revenues; and WHEREAS, Measure M required local jurisdictions to adopt a Growth Management Element of its general plan to be eligible to receive new Measure M transportation revenues; and WHEREAS, pursuant to the Planning and Zoning Law of the State of California, this City Council held public hearings on the proposed Growth Management Element on November 19, December 17, 1991 and January 14, 1992; and WHEREAS, in compliance with said law, public workshops and hearings were held by the Planning Commission on the proposed Growth Management Element on September 23 and October 21, 1991; and WHEREAS, this City Council has complied with the California Environmental Quality act (CEQA), the CEQA Guidelines and the City environmental procedures by reviewing and considering Negative Declaration No. WHEREAS, the City Council hereby finds that Negative Declaration No. 1389- 91 satisfies the requirements of CEQA for the proposed Growth Management Element. NOW, THEREFORE, BE IT RESOLVED that this City Council hereby approves and certifies Negative Declaration No. 1389-91 as complete and adequate under CEQA documentation and finds that, on the basis of Negative Declaration No.1389-91, the proposed Growth Management Element will not have a significant effect on the environment.BE IT FURTHER RESOLVED that this City Council hereby adopts the Growth Management Element of the General Plan as presented at the January 14, 1992,meeting, in the form attached hereto as Exhibit A.ADOPTED this 14th day of January, 1992.ATTEST: GENE BEYER Mayor of the City of Orange BY: ~cf A...A.....'{FRE L. B~~~YOR PRO TEM1~",~~ ei'H-'.~City Clerk the clAy Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 14th day of January, 1992, by the following vote:AYES:COUNCIL MEMBERS: STEINER, BARRERA, COONTZ, SPURGEON NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: MAYOR BEYERA~"r&i/ V.+v City Clerk the It f Orange Reso.7924 I APPROVED GROWTH MANAGEMENT ELEMENT OF THE CITY OF ORANGE GENERAL PLAN JANUARY 14, 1992 TABLE OF CONTENTS I. STATEMENT OF PURPOSE AND INTENT A. Historical Context n. INTRODUCTION A. Overview B. Consistency with Other General Plan Elements C. Implementation Process D. State of Federal Highway System Impacts m. DEFINITIONS IV. GOALS v. OBJECTIVES A. Transportation B. Development Phasing VI. POLICIES A. Traffic Level of Service B. Development Mitigation C. Development Phasing D. Annual Monitoring E. Additional Element Policies vn. IMPLEMENTATION PROGRAMS A. Interjurisdictional Planning B. Development Mitigation C. Development Phasing D. Annual Monitoring 2) GROWTH MANAGEMENT ELEMENT I. STATEMENT OF PURPOSE AND INTENT The purpose of this Element is to mandate that growth and development be based upon the City of Orange's ability to provide an adequate circulation system pursuant to the requirements of the Revised Traffic Improvement and Growth Management Ordinance also known as MeasureM. A. Historical Context On November 6, 1990, Orange County voters approved Measure M which provides funding for needed County-wide transportation improvements. Measure M authorized the imposition of a half cent retail sales tax for a period of twenty (20) years effective April I, 1991. The tax is estimated to raise $3.1 billion Countywide over this 20 year period. The monies received from Measure M will be returned to local jurisdictions for use on local and regional transportation improvements and maintenance projects. In order to qualify for these revenues, however, Measure M requires each City to comply with the Orange County Division, league of California Cities Countywide Traffic Improvement and Growth Management Program which was included by reference in the Measure M ordinance. The Countywide Growth Management Program is designed to achieve a cooperative process among local Orange County jurisdictions to coordinate and implement traffic improvements and stronger planning on a Countywide basis,while maintaining local authority over land use decisions. It is also designed to maintain local authority in establishing performan~ standards, such as traffic level of service, while considering regional impacts.In order to receive Measure M funds, the City must submit to the Orange County Transit Authority a statement of compliance with the Countywide Growth Management components which are summarized below.1.Adoption of a Growth Management Element that includes:a. Traffic level of service standards;b. A development mitigation program; and c. A development phasing and annual monitoring program. 2. Participation in inteIjurisdictional planning forums; 3. Development of a seven year Capital Improvement Program; 4. Address housing options and job opportunities; and 5. Adoption of a Transportation Demand Management Ordinance. The City's compliance with these components has been addressed in this Element or are referenced where adopted by a separate action in a separate document. The components of the Growth Management Element will be folded in the development review and monitoring process already in existence whenever possible. The processes related to the Element are also crafted for compatibility with such regional programs as Congestion Management and Air Quality Management Plans. This element will be reviewed annually to determine if appropriate changes are needed based on experience and changes in circumstances. The Growth Management element process applies to all development with the City with the possible exception of approved vested projects or projects with development agreements. Those projects would require individual legal review to determine Growth Management Element applicability. The City of Orange may consider, on a case by case basis, future project exemptions to encourage redevelopment activities or the development of affordable housing. n. Th'TRODUCTION A. Overview In June, 1989, the Orange County Division, League of California Cities revised the Countywide Traffic Improvement and Growth Management Program which defmes actions necessary of local jurisdictions to comply with Measure M growth management provisions. The League's Growth Management Program recognizes that differences exist between "developed" and "developing" communities. Developed cities generally need to address only traffic and circulation issues, where developing communities need to also address a larger range of public services and facilities issues (i.e. fire, police, libraries, flood control, parks, etc). Because all of the infrastructure needs for the developing East Orange General Plan portion of the City have not yet been determined and most of the public service facilities for the existing portion of the City have been 4) constructed or are funded through existing programs, the staff has developed the Growth Mangement Element on the basis of being a "developed" City. At such time as infrastructure needs and their financing are determined for East Orange, the GM Element will be amended to consider the City as a "developing. t:pmmunity" and, therefore also include the necessary references to public facilities other than transportation. The Growth Management Element contains policies for the planning and provision of traffic improvements that are necessary for the City's orderly growth and development. The policies and programs presented in this Element are for the establishment of traffic Level of Service (LOS) standards; a development mitigation program and a development phasing program. In addition, this Element includes an implementation program for annual monitoring. The Element is divided into six sections. Section I provides a statement of the purpose and intent of the Element. Section II provides an overview of the Element and includes discussion regarding General Plan consistency, and the implementation process. Section III provides general definitions for terms utilized in the Element. The goals, objectives and policies for the Element are provided in Sections IV and V. Section VI discusses the implementation programs for achieving the goals and objectives of the Element. B. Consistency with Other General Plan Elements A major goal of the Growth Management Element (GME) is to ensure that the management and implementation of traffic improvements are adequately coordinated with the future growth of the City consistent with the City's Land Use Element. The Growth Management Element does not replace or supersede other General Plan elements, such as the Circulation Element which also specifies goals and policies for transportation and circulation issues. Instead, the Growth Management Element addresses, amplifies and supports traffic LOS standards and future development included in the Circulation and Land Use Elements, and provides a means of implementing the Master Plan of Arterial Highways. The Growth Management Element consists of goals, objectives and policies to serve as a guide for the selection of mitigation measures and conditions of approval for projects processed in the City. It has been crafted to minimize duplication of Measure M and Congestion Management Program (CMP) requirements. 5) The GME is the City's most current posItion on growth management policies. Consequently, although there is some overlap among the policies here and in other general plan elements, this Element is defined as the key resource document for growth management policies and issues. C. Implementation Process The intent of the Growth Management Element is to identify policies in the General Plan that relate to future actions and programs that will implement the City's growth management goals. Since this is a new element, and the requirements of Measure M and the Congestion Management Program are themselves evolving, the Growth Management Element intentionally permits flexibility in implementation in order to allow the City freedom to refine its implementing actions. A significant effort in the transportation planning process will be undertaken by the City in its involvement in the Growth Management Areas (GMA's) established by the Regional Advisory Planning Committee. The purpose of the GMA' s is to enable local jurisdictions to focus their mutual concerns, coordinate improvements and implement those improvements through the inteIjurisdictional (GMA) process. City staff will work with the staff from other cities represented in each of the GMA's to address the transportation issues identified by mutual concensus of the representatives of each GMA. In addition, the City will continue to work with adjacent cities through existing formal agreements such as the Santa Ana/Orange TSIA and Anaheim/Orange Memorandum of Understanding to fulfill any obligations not covered by the GMA activities. GMA activities do not supersede prior participative planning agreements between respective agencies. Privately initiated land use element amendments, wne changes and other discretionary projects considered after adoption of the Element will be specifically reviewed for consistency with the GM Element policies. D. State and Federal Highway System Impacts It is recognized that Federal and State Highways are a significant component of the City's transportation system and, therefore greatly influence operation of the City's roadway system. The City is bisected by the Newport-Costa Mesa (SR 55) Freeway in addition to being ringed by the Riverside (SR 91) to the north, Orange (SR 57) and Santa Ana (Interstate 5) to the west and Garden Grove (SR 22) Freeway to the south. The State and Federal Highway and Freeway System is an integral part of the City transportation planning process. Existin~ Freeway System Deficiencies A significant portion of the transportation problem facing the County stems from inadequate capacity of the existing freeway system to serve the peak period travel demands. This lack of capacity has resulted in poor Levels of Service, characterized by severe congestion and low travel speeds and diversion to local streets during peak periods. The most severe congestion on the freeway system that affects the City's roadway system occurs at the junction of Santa Ana (Interstate 5), Orange (SR 51) and Garden Grove (SR 22) freeways because of the lack of ramp capacity. In addition the Costa Mesa (SR 55) is severely congested during peak period because of drawing factor of the South Central Orange County Area from the Inland Empire. These freeway problem areas tend to result in additional traffic on the city's transportation system. Impact of Freeway System on the Arterial Highway System The Orange County Master Plan of Arterial Highways defines an arterial highway system intended to support and serve existing and adopted land uses in both incorporated and unincorporated areas of the County. The arterial system is designed to serve as part of a balanced transportation system (autos, trucks, buses, bicycles, pedestrians). The arterial system provides for both through movement and a collector function. Major and Primary Arterial Highways are intended to accommodate the bulk on intra-regional traffic and complement both the freeway system and the local street network. Secondary arterials and Commuter arterials serve mainly as collectors which move traffic from local streets to the Major and Primary arterial system.As congestion continues to increase on the freeway system, more drivers utilize the arterial system, particularly those parallel to freeways, or arterials serving the same trip destination as the freeways. Consequently, these arterials, such as Tustin Street and Lincoln Avenue are becoming increasingly congested at peak hours pending improvements to the freeway system. Likewise those arterials such as Chapman,Katella, Lincoln and Taft Avenues that provide access to the Costa Mesa and Orange Freeways are experiencing similar congestion. Chapman Avenue east of the Costa Mesa Freeway acts as the absent easterly extension of the Garden Grove Freeway thereby attempting to serve a major population and recreational demand in the East Orange and South County area without adequate capacity. m. DermitioDS For the purposes of this Element, the following terms are defIned below: A. "Capital Improvement Program" shall mean a seven year list of Capital projects to meet, maintain and improve the City's adopted TraffIc Level of Service and Performance Standards. The C.I.P. shall include: 1) the description of the proposed project improvements; 2) the anticipated funding source is; and 3) the estimated cost in current dollars. B. "Critical Movement" shall mean any of the conflicting through or turning movements at an intersection which determine the allocation of green signal time. C. "Deficient Intersection Fund" shall mean a trust fund that may be established to implement necessary improvements to existing intersections which do not meet the Level of Service standard adopted in this Element. Such fund may be established from transportation fees mutually agreed upon by the GMA in which the deficiency exists. D. "Development Phasing Program" shall mean a program which establishes the requirement that building and grading permits shall be approved or issued in a manner that assures implementation of required transportation improvements through either construction of said improvements and/or the timely provision of mitigation fees as determined by the City during the development's approval process.. The City shall specify the order of improvements and/or timing of payment of the required mitigation fees (as they relate to the number of dwelling units or square feet of development), based, at a minimum, on mitigation measures 'adopted in conjunction with the environmental documentation and other relevant factors. E. "Deficient Intersection List" shall mean a list of intersections that: 1) do not meet the Traffic Level of Service Policy for reasons that are beyond the control of the City (e.g. ramp metering effects, traffic generated outside the City's jurisdiction, etc.); and 2) are not brought into compliance with the LOS standard in the most current' Seven Year Capital Improvement Program. Additional intersections may be added by the City to the deficient intersection list only as a result of conditions which are beyond the control of the City. F. "Growth Management Areas (GMA's)" shall mean subregions of the County established by the Regional Advisory Planning Committee to promote inter- jurisdictional coordination in addressing infrastructure concerns and in implementing 8) needed improvements. GMA's shall be comprised of elected officials and staff from local agencies whose jurisdictions are covered all or in part by the GMA. The City of Orange is included in 5 of 11 Growth Management Areas that cover the County. This multiple GMA involvement requires the City to meet regularly ~th_ the surrounding communities of Anaheim, Santa Ana, Villa Park, Irvine, Tustin and Garden Grove. G. "Growth Management Bement" shall mean the Growth Management Bement of the City's General Plan as required by the Revised Traffic Improvement and Growth Management Ordinance (Measure M). H. "Level of Service" is a qualitative measure of the relationship between the volume and capacity of a roadway usually described by the letters "A" through "P". where LOS D" is usually considered the industry standard for traffic analysis purposes. I. "Local Transportation Authority" is the body responsible for the implementation of Measure M as designated by the Orange County Board of Supervisors, and the Orange County Transportation Authority. J. "Measurable Traffic" shall mean a traffic volume resulting in a one percent increase in the sum of the critical movement at an intersection. K. "Measure M" refers to the Revised Traffic Improvement and Growth Management Ordinance adopted by Orange County voters on November 6, 1990. The Measure authorized the imposition of a half cent retail sales tax for a period of 20 years effective April I, 1991. The sales tax increase will be allocated to local Orange County jurisdictions for use on local and regional transportation improvements and maintenance projects. L. "Performance Monitoring Program" (PMP) shall mean a comprehensive road improvement and financing plan which monitors the level of service requirements in this Element while taking into account measurable traffic impacts on the circulation system. This program will annually review the status of public and private roadway improvements associated with the Seven Year Capital Improvement Program and Development Phasing Programs to assure that the City is taking appropriate actions to achieve the Level of Service standards set forth in this Bement. IV. GOALS The goals of this Element are to: A. Reduce traffic congestion; and 9) B.To ensure that adequate transportation facilities are provided for existing and future residents of the City. These goals shall be accomplished through implementation of the policies and programs set forth in this Element. v. OBJECTIVES Achievement of the above goals shall be measured by the following objectives: A. Transportation The circulation system shall be implemented in a manner that is designed to achieve a Traffic Level of Service of D or the current level whichever is farthest from LOS A except for intersections on the Deficient Intersection List andlor at those intersections which are impacted by factors beyond the City's control. B. Development Phasing Development shall be phased in a manner consistent with the Development Phasing Program identified in VI C and VII C. VI. POLICIES A. Traffic Level of Service The Level of Service standard for traffic circulation in the City shall be LOS "D". In order to achieve this standard, it shall be the City's policy that within three years of the issuance of the first building permit for a development project, the necessary improvements to transportation facilities identified as adversely impacted, shall be completed. The LOS shall be D for intersections under the sole control of the City. Intersections exempt from the above sentence include facilities under the jurisdiction of another City or the State; or those included on the Deficient Intersection List established by a GMA in which the City participates. In the future, the City may give consideration to a Deficient Intersection Fund Fee on all development contributing measurable impacts to intersections on the Deficient Intersection List.. This fee if determined necessary. shall be approved by the jurisdictions in the GMA and locally administered as part of the City's Capital Improvement Program. 10) Achievement of the adopted Levels of Service standard and implementation of exacted transportation improvements shall take into consideration extraordinary transportation circumstances which may impact identified intersections and/or timing of the required improvements. An example of an extraordinary circumstance would be when arterial roadways serve as substitute freeway access (thus impacting LOS performance) while planning and construction of additional freeway improvements are underway. Level of Service (LOS) will be measured by the Traffic Level of Service Policy Implementation Manual established by the Local Transportation Authority. B. Development Mitigation 1. All new development shall pay for or implement its share of the street improvement costs associated with that development including regional traffic mitigation. 2. The City will continue to collect transportation impact fees already in effect at the time of the Growth Management Element's writing (i.e. TSIP, Transportation Corridor, Santiago Canyon Road, etc.) for improvements within its boundaries and shall work with adjacent jurisdictions to determine that an appropriate level of transportation impact fees are maintained within the Growth Management Areas. A Deficient Intersection Fund Fee may be assessed, if necessary, in addition to updating of the City's established transportation fees to cover fee shortfalls in project improvements that may not be generated by the level of fee programs in existence when the Element was adopted. Any additional or expansion of existing fees or modification of the City's established transportation fees would require formal adoption by the City or City/GMA before being implemented. 3. New revenues generated from Measure M shall not be used to replace private developer funding which has been committed for any project. 4. A Deficient Intersection Fund may be established by the City in cooperation with the other appropriate jurisdictions to make improvements on those intersections identified by the GMA as necessary to achieve the LOS standard established in this Element. 11) C. Development Phasing New development in the City shaII be required to establish a Development Phasing Program which phases approval of development by linking issuance .~f-building permits for the appropriate portion of the development plan (by phase and/or number units) to roadway improvements required to achieve the appropriate Level of Service in one or more of the following three ways determined during the development approval process:I) linkage to construction of the designated improvement(s) by others, 2) linkage to construction of the designated improvement(s) by the developer, or 3) linkage to payment of the project;s share of the funding for designated improvement(s) at a time certain designated by the City. The phasing plan shall include an overall buiIdout plan which can demonstrate the ability of the infrastructure to support the planned development.The Development Phasing Plan for new projects shall be a component of the development review and entitlement process and shall be approved prior to issuance of building or grading permits.D. Annual Monitoring The City shall monitor the implementation of the Development Phasing Program for each of its new development projects on an annual basis and prepare a report which indicates the status of development approval and the required traffic improvements and the relationship between them.E. Additional Element Policies The following items are required as components of the City's Growth Management Plan and are included as optional discussion items in this Element.1. Interjurisdictional Planning Forums The City shall participate in interjurisdictional planning forums' within its established Growth Management Area as adopted by the Regional Advisory Planning Council.2. The City shall continue to participate in interjurisdictional planning forums as established at the GMA level and as appropriate with neighboring or affected jurisdictions to address transportation or other planning issues. 3.Capital Improvement Program A seven year Capital Improvement Program shall be adopted and maintained in conformance with the provisions of Measure M for the pUI'pClse of maintaining the Levels of Service established in this Element. 4. Balanced Community Development Recognizing its historic role as one of several employment centers in central Orange County, it is the City's policy to strive toward achieving a balance between residential, industrial, commercial, and public uses. 5. Transportation Demand Management The City shall promote traffic reduction strategies through the measures adopted by its Transportation Demand Management Ordinance. vn. IMPLEMENTA nON PROGRAMS A. Interjurisdictional Planning The City will participate in interjurisdictional planning forums through the established Growth Management Areas. Such forums include the growth management areas adopted by the Regional Advisory Planning Council as well as the City's Joint Powers Agreements with adjacent cities. These planning forums are intended to address cumulative traffic impacts and to coordinate improvements in transportation facilities. B. Development Mitigation The City's development mitigation program has been established as a process in which all new development pays its share of the mitigation costs associated with that development. Participation in development mitigation shall be required of all new development projects. The development mitigation requirements are identified in the project review and approval process and shall be done in such a way as to be consistent withe and incorporate the direction of this element. In this way, the development's mitigation measures and conditions become a key portion of this element's implementation program so that monitoring of the project's compliance with its mitigation measures and conditions in fact become the means of. monitoring the project's compliance with this element. 13) C. Development Phasing It is the City's policy to require a Development Phasing Plan for all new development projects. The City's Development Phasing Program is established ~ to ensure to the extent feasible, that infrastructure is constructed as development occurs by linking the ability of the development to proceed to either; construction of the improvement(s) by others, construction of the improvement(s) by the developer, or by the developers timely provision of the appropriate funding to the City so that the provision of road improvements is in balance with traffic demand. The phasing program for new developments shall provide a reasonable lead time to design and construct specific transportation improvements for approved development projects in order to provide for implementation of the improvements within the time frames called for in the Traffic Level of Service Policies. The City will establish a three year time frame as a guideline for the design and construction of required transportation improvements. The three year time frame shall commence upon the issuance of the first building permit for the project. The time frame for completion of project related improvements shall be incorporated into the phasing program for project approvals in conformance with current City procedures. D. Annual Monitoring The City's annual Performance Monitoring Program (PMP) is intended to provide an annual evaluation of its development phasing plans. This program will review and evaluate the implementation of phasing plans which reflect conditions of approval for traffic improvements required as mitigation measures for this project. The monitoring program is intended to ensure that road improvements or funding are actually provided as required in order to determine whether development may continue. If the improvements or funding as specified in project conditions has not been provided, development shall be deferred until compliance with the provision of this program are achieved. The monitoring program shall include an annual review of new development projects until all required improvements have been constructed. Traffic related mitigation requirements such as Traffic Demand Management programs shall be continued in conformance with the provisions of project approved programs. 14)