Fairfax City Zoning Code
CHAPTER 17
056: TRAFFIC IMPACT PERMIT
§ 17.056.010 INTENT.
The intent of this chapter is:
(A) To provide an equitable tool for assessing traffic impacts of development and changes in land use;
(B) To permit development on a scale proportionate with the capacity of existing and proposed transportation facilities;
(C) To permit development and land use changes when appropriate traffic mitigation measures can be adopted; and
(D) To meet the goals and objectives of the community and avoiding the disruption of neighborhoods from through traffic.
(Prior Code, § 17.30.010) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.020 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJUSTED DAILY TRAFFIC VOLUMES. Correction to reflect seasonal variations on a month-to-month basis within a year and/or day-to-day within a given week (e.g., traffic patterns will differ from weekends to weekdays and from summer [vacation] months to winter).
AVERAGE DAILY TRAFFIC or ADT. The total volume of traffic crossing a fixed point (for example, the boundary of a project) over a 24-hour period, averaged over some period of time.
DISCRETIONARY APPROVALS. Approvals attained at public hearings before the Fairfax Planning Commission or Town Council, as required by this code and this title, including, but not limited to the following: use permits, variances, design review, grading permits, tentative subdivision maps and master plans authorized under the Planned Development and Single-Family Residential Master Plan zoning districts.
INTERSECTION, IMPACTED. Those intersections that regularly experience atypical traffic volumes, which require special study and standards.
LEVEL OF SERVICE or LOS. A measure of the conditions existing under various speed and volume conditions on any highway or street. These levels of service, designated “A” through “F,” from best to worst, cover the entire range of traffic operations that may occur.
LEVEL OF SERVICE, ACCEPTABLE. The acceptable level of service for signalized intersection of the principal circulation system is level of service “D.” For unsignalized intersections, the ACCEPTABLE LEVEL OF SERVICE shall be as designated by the Town Council.
PRINCIPAL CIRCULATION SYSTEM. The system of roads and highways and associated intersections shown on a map adopted by a resolution of the Fairfax Town Council.
PROJECTED TRAFFIC. Traffic demand projected for five years from the date of the traffic report, based on estimates of future development provided by the town and other public agencies.
ROADWAY SEGMENT. An entire length of roadway between intersections or a portion separate from an intersection.
TOWN. The Town of Fairfax.
(Prior Code, § 17.30.020) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.030 REQUIRED.
A currently valid traffic impact permit (TIP) is a prerequisite to any building permit, site improvement, occupancy permit or any discretionary approval from the town for applicable projects, as defined in § 17.056.050.
(Prior Code, § 17.30.030) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.040 TERM.
(A) (1) The traffic impact permit will be valid for a period of one year from the date of approval. Any physical improvements for the project must begin within the term of the permit and then be diligently pursued to completion. If no physical improvements are required, the use of the property must begin operation within the term of the permit. Each phase of a multi-phase project must be started within the term of the permit and then be diligently pursued to completion.
(2) A further permit must be obtained for any required improvements not begun within the term of the permit. The term of a permit shall include any extensions thereof.
(B) The Planning Commission may grant one year extensions of an approved TIP at duly noticed public hearings provided they are supplied with adequate information establishing that the basis of their findings for the original permit has not substantially changed.
(Prior Code, § 17.30.040) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.050 APPLICABLE PROJECTS.
(A) Except as noted below, these regulations are applicable to:
(1) Any project that creates a structure or adds additional square footage to an existing structure that meets either of the following conditions:
(a) Generates more than 100 ADT; or
(b) Has a floor area of 5,000 square feet or more.
(2) The reuse of existing structures where the new use will generate 100 ADT or more beyond that generated by the prior use;
(3) The incremental development of property or the subdivision and development of multiple properties when, within any five-year period, the cumulative traffic generated by the project exceeds the criteria set forth in division (A)(1) above.
(B) The following are exempt from these regulations:
(1) Individual single-family dwellings and additions thereto on legally created lots; and
(2) Projects which, on the effective date of the ordinance adopting this chapter, had an approved precise plan, use permit, or design review approval and which began construction within one year of the effective date of the ordinance codified in this chapter.
(C) When a question as to the applicability of the regulations arises, the proponents must demonstrate to the Planning Commission and Town Council that these standards do not apply to their project.
(D) The town shall use the “Traffic Generation Manual” of the Institute of Traffic Engineers to assess the application standards of this section. When considering the traffic generation of a shopping center the town shall employ the thirtieth design hour traffic generation volumes. The town may accept other sources of traffic generation figures for unique land uses.
(Prior Code, § 17.30.050) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.060 APPLICATION.
Application for a traffic impact permit shall include:
(A) An application form provided by the Planning Department that has been signed by the property owner or authorized representative;
(B) A site location map showing the location of the project and the town's principal circulation system;
(C) The project’s preliminary site plan showing structures, parking and circulation,
(D) Preliminary floor plans;
(E) A traffic study of the project and its impact on the town’s traffic system; and
(F) Deposits as required by the Planning Department to cover the time and expense of the town in reviewing and processing of the application.
(Prior Code, § 17.30.060) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.070 TRAFFIC STUDY.
(A) The TIP shall be accompanied by a traffic study that is found by the town’s Traffic Engineer to be complete and in compliance with professional and written standards for the reports. The Planning Commission or Town Council may request the clarification or expansion of any of the materials that is submitted. When a traffic study is required in conjunction with environmental review documents mandated by the California Environmental Quality Act, the study shall be prepared by or under the authority of the town, and paid for by the applicant.
(B) The study shall include, but not be limited to the following information:
(1) A description of the project and the existing traffic and circulation setting;
(2) For the intersection and roadway segments identified in division (E) below, an assessment of the adjusted daily traffic volumes, a.m. and p.m. peak hour traffic volumes, and a.m. and p.m. level of service analysis for each of the following conditions:
(a) Existing traffic, the unadjusted traffic counts;
(b) Existing daily traffic plus projected traffic; and
(c) Existing daily traffic, plus projected traffic, plus project traffic. Estimate of future levels of service may take into account only those traffic and circulation system improvements that have received all necessary approvals and funding or funding is adequately provided for by ordinance or other means satisfactory to the town.
(C) The report shall be appended with the total listings of traffic counts and the intersection capacity worksheets.
(D) The report may include a traffic impact mitigation plan (TIMP), as described in § 17.056.080.
(E) The report shall address all of the intersections and roadways of the town’s principal circulation system for which the project is expected to increase the existing adjusted average daily traffic volumes of any approach or segment by one percent or by 100 cars, whichever is less. The town shall determine the scope.
(F) The methodology to be used in the traffic study shall be that set forth in a resolution of the Town Council. The methodology may provide, but it is not limited to the following:
(1) Specific standards for individual impacted intersection for level of service or when to take traffic counts; and
(2) Adjustment to traffic counts taken during particular seasons of the year.
(Prior Code, § 17.30.070) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.080 TRAFFIC IMPACT MITIGATION PLAN.
(A) The project proponent may submit with the traffic study a plan detailing measures that will mitigate the project’s adverse circulation impacts. If the plan is submitted it shall include the following:
(1) The plan will provide details of mitigation measures, such mitigation measures including, but not limited to any of the following types:
(a) Physical improvements to street systems, such as intersection designs, signalization, turn or deceleration lanes and the like (e.g., bike path systems and the like);
(b) Transportation system management programs;
(c) In-lieu fees for permanent circulation improvements;
(d) Annual contributions for transit operation programs; and
(e) Reduction in the scale or density of a project or the intensity of the proposed types of uses.
(2) A time schedule for the implementation of the proposed mitigation measures;
(3) The comments of other responsible agencies on any mitigation improvements proposed outside the town.
(B) Prior to issuance of a building, grading or occupancy permit, or approval of a tentative or final subdivision map, the project proponents must either implement any approved improvement plan or provide the town with adequate guarantees of its implementation in a manner acceptable to the town. The guarantees shall be set forth in an agreement between the town and the applicant and supported by bonds or other securities acceptable to the town, guaranteeing the faithful performance of the work and payment for the labor and materials. The agreement shall provide for a time limit to perform the work; the time limit shall be as determined adequate by the town, but shall not exceed two years. The permit may be extended by the town for reasonable cause.
(C) Pursuant to state law, no project that qualifies for a density bonus for affordable housing under Chapter 17.050 or a project with at least ten percent of the units reserved for lower income tenants or purchasers shall be required to pay a transportation impact fee or in-lieu fee for traffic impact mitigation.
(Prior Code, § 17.30.080) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986; Am. Ord. 885, passed 11-1-2023)
§ 17.056.090 PLANNING COMMISSION HEARING.
(A) (1) The traffic impact permit application shall be presented to the Planning Commission at a duly noticed public hearing.
(2) The TIP hearing can be held simultaneously with any other discretionary approvals being considered by the Planning Commission in connection with the project in question.
(B) This hearing shall be noticed as required for the discretionary approval or if other hearings are not otherwise required, the TIP hearing shall be noticed as required for a use permit.
(C) The Planning Commission will approve, approve with conditions or modifications or deny the permit application based on the findings contained within § 17.056.110.
(Prior Code, § 17.30.090) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.100 TOWN COUNCIL HEARING.
(A) Upon approval or conditional approval of a TIP application by the Planning Commission, the permit shall be presented to the Town Council at a duly noticed public hearing.
(B) Proceedings by the Town Council on a TIP permit shall be the same as those which govern the Planning Commission’s actions as specified in § 17.056.090 of this chapter.
(Prior Code, § 17.30.100) (Ord. 352, passed - -19
73
; Am. Ord. 553, passed - -1986)
§ 17.056.110 REQUIRED FINDINGS.
To approve the traffic impact permit, the Planning Commission and Town Council must make one of the following findings.
(A) The project’s average daily traffic, when added to the existing daily traffic, plus projected traffic, will not cause the performance of intersection of roadway linkages to fall below the acceptable level of service or otherwise further reduce the system performance if it is already below the acceptable level of service; nor will it cause a significant degradation in service levels for impacted intersections at their peak traffic periods.
(B) (1) The traffic impact mitigation plan approved by the Planning Commission and Town Council will adequately mitigate the project’s adverse traffic impacts.
(2) This plan is consistent with the goals and objectives of the Fairfax general plan or applicable specific plans and the intent of the zoning district in which the project is situated, and of this chapter.
(C) The project’s average daily traffic will not increase the traffic volume on any roadway segments or intersection approaches of the town’s principal circulation system by more than one percent or by more than 100 vehicles, whichever is less.
(D) The project will provide an overriding public benefit that will sufficiently offset its adverse traffic impacts. Any affirmative decision of the Planning Commission or the Town Council based upon this finding must be approved by a five-sevenths majority of the Planning Commission and a four-fifths majority of the Town Council. The grounds for making this finding must be set forth in the approving motion.
(E) The traffic impact mitigation plan approved by the Planning Commission and Town Council will adequately mitigate the project's adverse traffic impacts but no transportation impact fee or in-lieu fee for traffic impact mitigation will be levied because the project will provide affordable housing for lower income households, either through the town’s density bonus program or with a minimum of ten percent of the units reserved for lower income households, and only physical improvements directly related to access to the project site for vehicles, bicycles, and pedestrians and reasonable off-site improvements needed to mitigate impacts on the town’s street systems, such as intersection designs, signalization, turn or deceleration lanes and the like (e.g., bike path systems and the like) and maintain acceptable levels of service shall be required to offset identified traffic impacts. A deed restriction shall be recorded against the property that runs with the land for 55 years to ensure affordability for lower income units that is approved by the Town Attorney and Town Council shall be required as a condition of approval of a traffic impact permit.
(Prior Code, § 17.30.110) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986; Am. Ord. 885, passed 11-1-2023)