Assessment Permit
Prior ordinance history: Ords. 737 and 779.
The intent of this chapter is:
A. To provide an equitable tool for assessing the 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 identified and paid for, including through the City’s Traffic Impact Fee Program; and
D. To meet the goals and objectives of the General Plan, including, but not limited to, preserving the historic character of the community, and avoiding the disruption of neighborhoods from through traffic. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
For the purpose of this chapter the following terms are defined as follows:
“Actual existing project site trip generation” means the actual count of daily and peak hour trips generated at the site of a proposed project.
“Average existing project site trip generation” means the number of daily and peak hour trips which would be expected to be generated from a project site when the trip generation rates as described in the Institute of Transportation Engineers (ITE) “Trip Generation Manual” are applied to the existing development on the project site or, should the existing project land use not be listed in the ITE manual, the number of trips which would be generated when the trip generation rate recommended by the City Traffic Engineer and approved by the City Council is applied to the existing development on the project site.
“City” shall mean the City of Larkspur.
“Discretionary approvals” means approvals attained at public hearings before the Larkspur Planning Commission as required by Larkspur Municipal Code Titles 17 and 18, 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, residential master plan, and planned commercial zoning districts.
“Intersection, impacted” means an intersection that regularly experiences a level of congestion which exceeds the City’s level of service standards.
“Level of service” (also “LOS”) means a measure of the conditions existing or projected under various traffic delay and volume conditions on any highway or at a street intersection. These levels of service, designated “A” through “F,” from minimum or no delay to severe congestion and long delays, cover the entire range of traffic operations that may occur.
“Level of service, acceptable” means the acceptable level of service for most signalized intersections of the primary circulation system is level of service “D” as measured for peak hour conditions by the planning procedures in Transportation Research Circular 212 or successor. The following intersections are recognized to currently operate at LOS “E” or “F” and should not be improved due to the undesirable impacts which the improvements would cause:
Sir Francis Drake Boulevard at Eliseo Drive;
Sir Francis Drake Boulevard at La Cuesta Drive;
Sir Francis Drake Boulevard at Bon Air Road.
For unsignalized intersections the acceptable level of service shall be “C” or as designated by the City on a case-by-case basis. The following intersections are recognized to operate at worse than level “C” for the traffic on the side street and should not be improved due to the undesirable impacts which the improvements would cause:
Magnolia Avenue at William Avenue;
Magnolia Avenue at Baltimore Avenue;
Magnolia Avenue at Wiltshire Avenue.
“Peak hour traffic” means the total volume of traffic crossing a fixed point at the boundary of a project or at a specific point on the street and highway system on an average weekday during the highest morning or afternoon traffic hour.
“Primary circulation system” means that system of roads and highways and associated intersections shown on Figure 4-4, titled “Primary Circulation System,” of the Larkspur General Plan.
“Programmed transportation system improvements” means the officially adopted list of traffic and circulation system improvements which are to be funded by the revenue collected under the Traffic Impact Fee (TIF), Larkspur Municipal Code Chapter 18.15.
“Projected traffic” means traffic demand projected for the time when all potential development in Larkspur would be complete (also known as “build-out” of the City) based on estimates of future development provided by the City and other public agencies. (Ord. 1069 § 6, 2023; Ord. 1030 § 2(12), 2018; Ord. 933 § 3, 2004; Ord. 838 § 1 (part), 1992)
A currently valid circulation assessment permit (CAP) is a prerequisite of any building permit, site improvement, occupancy permit, or any discretionary approval from the City of applicable projects as defined in Larkspur Municipal Code Section 18.14.050. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
A. The circulation assessment permit will be valid for a period of one year following the approval of the permit and the expiration of the approval appeal period. 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 multiphase project must be started within the term of the permit and then be diligently pursued to completion. 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. Extension. The Community Development Director may grant one-year extensions of an approved CAP; provided, that the basis for the original permit has not substantially changed. Should the Community Development Director find that there has been substantially changed circumstances, the application for an extension shall be heard at a duly noticed hearing of the Planning Commission. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
A. A CAP is required for any project that generates or attracts one hundred ten (110) or more trips per day.
B. The following are exempt from these regulations:
1. Construction of, or addition to, a single-family dwelling on a legal R-1 zoned lot existing prior to the effective date of this section, June 18, 1986.
2. Construction of, or addition to, an existing emergency shelter in the A-P Zoning District or any Planned Development District where A-P uses are permitted.
C. When a question as to the applicability of these regulations arises, the proponents must demonstrate to the Planning Commission that these standards do not apply to their project.
D. The City shall use the most recently published edition of “Trip Generation” by the Institute of Transportation Engineers (ITE) to assess the application standards of this section. The City may accept other sources of traffic generation figures for unique land uses. (Ord. 1079 § 3, 2024; Ord. 1030 § 2(12), 2018; Ord. 981 § 2, 2011; Ord. 838 § 1 (part), 1992)
Application for a circulation assessment 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 City’s primary circulation system;
C. The project’s preliminary site plan showing structures, parking, and circulation;
D. Preliminary floor plans;
E. A preliminary traffic analysis which indicates that the project is not an applicable project as defined by the criteria in Larkspur Municipal Code Section 18.14.050 or if the project is an applicable project a traffic impact study of the project as defined in Larkspur Municipal Code Section 18.14.070.
F. Deposits as required by the Planning Department to cover the time and expense of the City in the review and processing of the application. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
The application for a circulation assessment permit shall be accompanied by a traffic study that is found by the City’s Traffic Engineer to be complete and in compliance with professional standards for such reports. The Planning Commission may request clarification or expansion of any of the material that is submitted. When a traffic study is required in conjunction with environmental review documents mandated by the California Environmental Quality Act, such study shall be prepared by or under the authority of the City.
A. The study shall include, but not be limited to, the following:
1. A description of the project and the existing traffic and circulation setting;
2. For the intersections and roadway segments identified in subsection (C) of this section, an assessment shall be made of:
a. Daily traffic volumes including existing traffic, existing traffic plus projected traffic, and existing traffic plus projected traffic plus project traffic.
b. AM and PM peak hour traffic volumes including existing traffic, existing traffic plus projected traffic, and existing traffic plus projected traffic plus project traffic.
c. For intersections, the AM and PM peak hour level of service and capacity analysis.
3. For development projects where there is an existing use on the project site the study shall determine the actual existing trip generation for the site and shall also determine the average existing trip generation for the site using the trips rates from the ITE “Trip Generation Manual” or, should the existing use of the site not be included in the ITE manual, using trip generation rates as recommended by the City Traffic Engineer.
4. For development projects north of Corte Madera Creek where there is an existing use on the project site and where the projected trip generation would exceed the average PM peak hour trip generation, the traffic study shall include trip mitigation measures, such as Transportation Systems Management (TSM), which would describe how future project trip generation could be managed so that it would be no greater than the average PM peak hour trip generation at the project site. The traffic study and trip generation mitigation measures shall apply to minimize the traffic impacts to the extent feasible, but an exception to the “no greater than the average existing PM peak hour trip generation at the project site” shall be considered for the residential portion of development projects where either:
a. No less than fifteen (15) percent of units are dedicated to very low-income housing and ten (10) percent to low-income housing and twenty-five (25) percent to moderate-income housing; or
b. Fifty (50) percent of units are dedicated to senior/disabled housing.
5. Projections of future levels of service shall be conducted assuming existing roadway geometrics and also accounting for those traffic and circulation system improvements as shown on the programmed transportation system improvements list.
B. The report shall be appended with the total listings of traffic counts and the intersection capacity worksheets.
C. Scope. The report shall address all of the intersections and roadways of the City’s primary circulation system for which the project is expected to increase the existing peak hour traffic volumes of any approach or segment by one percent of existing traffic volumes or by ten (10) cars, whichever is less. The City shall determine the scope.
D. Methodology. The methodology to be used in the traffic study shall be that set by the City. (Ord. 1030 § 2(12), 2018; Ord. 939 § 1, 2004; Ord. 838 § 1 (part), 1992)
The traffic impact fee (TIF) as described in Larkspur Municipal Code Chapter 18.15 shall be applicable to all projects which apply for and receive a circulation assessment permit under the provisions of this chapter. The payment of the traffic impact fee shall be considered by the City as mitigation of the project’s impacts on the primary circulation system as are described in the project traffic impact study, Larkspur Municipal Code Section 18.14.070. The City may also require project specific transportation improvements, both on site and off site, in addition to the payment of the traffic impact fee. The City may also require a project sponsor to prepare a Transportation Systems Management (TSM) Program in addition to making payment of the traffic impact fee. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
A. The circulation assessment permit shall be presented to the Planning Commission at a duly noticed public hearing. The CAP hearing can be held simultaneously with any other discretionary approvals being considered by the 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 CAP 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. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
To approve the circulation assessment permit, the Planning Commission must make finding A of this section, that the project is consistent with the Larkspur General Plan, and must make at least one additional finding from findings B, C, D, E, or F as listed in this section.
A. The project is consistent with the Larkspur General Plan and, as applicable, with the Downtown Specific Plan or other specific plans.
B. The project’s projected peak hour trip generation will not exceed the average existing peak hour trip generation which results when the trip generation rates as described in the ITE “Trip Generation Manual” are applied to the existing use on the project site.
C. The project’s traffic, when added to the existing traffic plus projected traffic, will not cause the performance of intersections or roadway linkages to fall below acceptable level of service standards or otherwise significantly 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. Significant intersection service level degradation is defined as an increase of 0.01 or more in the peak hour volume to capacity (V/C) ratio as calculated under the planning procedures for signalized intersections in the Transportation Research Circular 212.
D. The agreement by the project sponsor to provide the project specific transportation system improvements as may be required by the City and to pay traffic impact fees as described in Larkspur Municipal Code Chapter 18.15 which will provide the project’s proportionate share of the funds necessary to construct the transportation improvements as shown on the programmed transportation improvements list will adequately mitigate the project’s adverse impacts.
E. The project’s peak hour traffic will not increase the traffic volume on any roadway segment or intersection approach of the City’s primary circulation system by more than one percent of the existing traffic volume or by more than ten (10) vehicles, whichever is less.
F. 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 City Council based upon this finding must be approved by a four-fifths majority. The grounds for making this finding must be set forth in the approving motion. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
Assessment Permit
Prior ordinance history: Ords. 737 and 779.
The intent of this chapter is:
A. To provide an equitable tool for assessing the 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 identified and paid for, including through the City’s Traffic Impact Fee Program; and
D. To meet the goals and objectives of the General Plan, including, but not limited to, preserving the historic character of the community, and avoiding the disruption of neighborhoods from through traffic. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
For the purpose of this chapter the following terms are defined as follows:
“Actual existing project site trip generation” means the actual count of daily and peak hour trips generated at the site of a proposed project.
“Average existing project site trip generation” means the number of daily and peak hour trips which would be expected to be generated from a project site when the trip generation rates as described in the Institute of Transportation Engineers (ITE) “Trip Generation Manual” are applied to the existing development on the project site or, should the existing project land use not be listed in the ITE manual, the number of trips which would be generated when the trip generation rate recommended by the City Traffic Engineer and approved by the City Council is applied to the existing development on the project site.
“City” shall mean the City of Larkspur.
“Discretionary approvals” means approvals attained at public hearings before the Larkspur Planning Commission as required by Larkspur Municipal Code Titles 17 and 18, 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, residential master plan, and planned commercial zoning districts.
“Intersection, impacted” means an intersection that regularly experiences a level of congestion which exceeds the City’s level of service standards.
“Level of service” (also “LOS”) means a measure of the conditions existing or projected under various traffic delay and volume conditions on any highway or at a street intersection. These levels of service, designated “A” through “F,” from minimum or no delay to severe congestion and long delays, cover the entire range of traffic operations that may occur.
“Level of service, acceptable” means the acceptable level of service for most signalized intersections of the primary circulation system is level of service “D” as measured for peak hour conditions by the planning procedures in Transportation Research Circular 212 or successor. The following intersections are recognized to currently operate at LOS “E” or “F” and should not be improved due to the undesirable impacts which the improvements would cause:
Sir Francis Drake Boulevard at Eliseo Drive;
Sir Francis Drake Boulevard at La Cuesta Drive;
Sir Francis Drake Boulevard at Bon Air Road.
For unsignalized intersections the acceptable level of service shall be “C” or as designated by the City on a case-by-case basis. The following intersections are recognized to operate at worse than level “C” for the traffic on the side street and should not be improved due to the undesirable impacts which the improvements would cause:
Magnolia Avenue at William Avenue;
Magnolia Avenue at Baltimore Avenue;
Magnolia Avenue at Wiltshire Avenue.
“Peak hour traffic” means the total volume of traffic crossing a fixed point at the boundary of a project or at a specific point on the street and highway system on an average weekday during the highest morning or afternoon traffic hour.
“Primary circulation system” means that system of roads and highways and associated intersections shown on Figure 4-4, titled “Primary Circulation System,” of the Larkspur General Plan.
“Programmed transportation system improvements” means the officially adopted list of traffic and circulation system improvements which are to be funded by the revenue collected under the Traffic Impact Fee (TIF), Larkspur Municipal Code Chapter 18.15.
“Projected traffic” means traffic demand projected for the time when all potential development in Larkspur would be complete (also known as “build-out” of the City) based on estimates of future development provided by the City and other public agencies. (Ord. 1069 § 6, 2023; Ord. 1030 § 2(12), 2018; Ord. 933 § 3, 2004; Ord. 838 § 1 (part), 1992)
A currently valid circulation assessment permit (CAP) is a prerequisite of any building permit, site improvement, occupancy permit, or any discretionary approval from the City of applicable projects as defined in Larkspur Municipal Code Section 18.14.050. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
A. The circulation assessment permit will be valid for a period of one year following the approval of the permit and the expiration of the approval appeal period. 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 multiphase project must be started within the term of the permit and then be diligently pursued to completion. 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. Extension. The Community Development Director may grant one-year extensions of an approved CAP; provided, that the basis for the original permit has not substantially changed. Should the Community Development Director find that there has been substantially changed circumstances, the application for an extension shall be heard at a duly noticed hearing of the Planning Commission. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
A. A CAP is required for any project that generates or attracts one hundred ten (110) or more trips per day.
B. The following are exempt from these regulations:
1. Construction of, or addition to, a single-family dwelling on a legal R-1 zoned lot existing prior to the effective date of this section, June 18, 1986.
2. Construction of, or addition to, an existing emergency shelter in the A-P Zoning District or any Planned Development District where A-P uses are permitted.
C. When a question as to the applicability of these regulations arises, the proponents must demonstrate to the Planning Commission that these standards do not apply to their project.
D. The City shall use the most recently published edition of “Trip Generation” by the Institute of Transportation Engineers (ITE) to assess the application standards of this section. The City may accept other sources of traffic generation figures for unique land uses. (Ord. 1079 § 3, 2024; Ord. 1030 § 2(12), 2018; Ord. 981 § 2, 2011; Ord. 838 § 1 (part), 1992)
Application for a circulation assessment 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 City’s primary circulation system;
C. The project’s preliminary site plan showing structures, parking, and circulation;
D. Preliminary floor plans;
E. A preliminary traffic analysis which indicates that the project is not an applicable project as defined by the criteria in Larkspur Municipal Code Section 18.14.050 or if the project is an applicable project a traffic impact study of the project as defined in Larkspur Municipal Code Section 18.14.070.
F. Deposits as required by the Planning Department to cover the time and expense of the City in the review and processing of the application. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
The application for a circulation assessment permit shall be accompanied by a traffic study that is found by the City’s Traffic Engineer to be complete and in compliance with professional standards for such reports. The Planning Commission may request clarification or expansion of any of the material that is submitted. When a traffic study is required in conjunction with environmental review documents mandated by the California Environmental Quality Act, such study shall be prepared by or under the authority of the City.
A. The study shall include, but not be limited to, the following:
1. A description of the project and the existing traffic and circulation setting;
2. For the intersections and roadway segments identified in subsection (C) of this section, an assessment shall be made of:
a. Daily traffic volumes including existing traffic, existing traffic plus projected traffic, and existing traffic plus projected traffic plus project traffic.
b. AM and PM peak hour traffic volumes including existing traffic, existing traffic plus projected traffic, and existing traffic plus projected traffic plus project traffic.
c. For intersections, the AM and PM peak hour level of service and capacity analysis.
3. For development projects where there is an existing use on the project site the study shall determine the actual existing trip generation for the site and shall also determine the average existing trip generation for the site using the trips rates from the ITE “Trip Generation Manual” or, should the existing use of the site not be included in the ITE manual, using trip generation rates as recommended by the City Traffic Engineer.
4. For development projects north of Corte Madera Creek where there is an existing use on the project site and where the projected trip generation would exceed the average PM peak hour trip generation, the traffic study shall include trip mitigation measures, such as Transportation Systems Management (TSM), which would describe how future project trip generation could be managed so that it would be no greater than the average PM peak hour trip generation at the project site. The traffic study and trip generation mitigation measures shall apply to minimize the traffic impacts to the extent feasible, but an exception to the “no greater than the average existing PM peak hour trip generation at the project site” shall be considered for the residential portion of development projects where either:
a. No less than fifteen (15) percent of units are dedicated to very low-income housing and ten (10) percent to low-income housing and twenty-five (25) percent to moderate-income housing; or
b. Fifty (50) percent of units are dedicated to senior/disabled housing.
5. Projections of future levels of service shall be conducted assuming existing roadway geometrics and also accounting for those traffic and circulation system improvements as shown on the programmed transportation system improvements list.
B. The report shall be appended with the total listings of traffic counts and the intersection capacity worksheets.
C. Scope. The report shall address all of the intersections and roadways of the City’s primary circulation system for which the project is expected to increase the existing peak hour traffic volumes of any approach or segment by one percent of existing traffic volumes or by ten (10) cars, whichever is less. The City shall determine the scope.
D. Methodology. The methodology to be used in the traffic study shall be that set by the City. (Ord. 1030 § 2(12), 2018; Ord. 939 § 1, 2004; Ord. 838 § 1 (part), 1992)
The traffic impact fee (TIF) as described in Larkspur Municipal Code Chapter 18.15 shall be applicable to all projects which apply for and receive a circulation assessment permit under the provisions of this chapter. The payment of the traffic impact fee shall be considered by the City as mitigation of the project’s impacts on the primary circulation system as are described in the project traffic impact study, Larkspur Municipal Code Section 18.14.070. The City may also require project specific transportation improvements, both on site and off site, in addition to the payment of the traffic impact fee. The City may also require a project sponsor to prepare a Transportation Systems Management (TSM) Program in addition to making payment of the traffic impact fee. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
A. The circulation assessment permit shall be presented to the Planning Commission at a duly noticed public hearing. The CAP hearing can be held simultaneously with any other discretionary approvals being considered by the 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 CAP 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. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)
To approve the circulation assessment permit, the Planning Commission must make finding A of this section, that the project is consistent with the Larkspur General Plan, and must make at least one additional finding from findings B, C, D, E, or F as listed in this section.
A. The project is consistent with the Larkspur General Plan and, as applicable, with the Downtown Specific Plan or other specific plans.
B. The project’s projected peak hour trip generation will not exceed the average existing peak hour trip generation which results when the trip generation rates as described in the ITE “Trip Generation Manual” are applied to the existing use on the project site.
C. The project’s traffic, when added to the existing traffic plus projected traffic, will not cause the performance of intersections or roadway linkages to fall below acceptable level of service standards or otherwise significantly 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. Significant intersection service level degradation is defined as an increase of 0.01 or more in the peak hour volume to capacity (V/C) ratio as calculated under the planning procedures for signalized intersections in the Transportation Research Circular 212.
D. The agreement by the project sponsor to provide the project specific transportation system improvements as may be required by the City and to pay traffic impact fees as described in Larkspur Municipal Code Chapter 18.15 which will provide the project’s proportionate share of the funds necessary to construct the transportation improvements as shown on the programmed transportation improvements list will adequately mitigate the project’s adverse impacts.
E. The project’s peak hour traffic will not increase the traffic volume on any roadway segment or intersection approach of the City’s primary circulation system by more than one percent of the existing traffic volume or by more than ten (10) vehicles, whichever is less.
F. 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 City Council based upon this finding must be approved by a four-fifths majority. The grounds for making this finding must be set forth in the approving motion. (Ord. 1030 § 2(12), 2018; Ord. 838 § 1 (part), 1992)