HomeMy WebLinkAboutTC Ord 1980-11-19 (2)
ORDINANCE NO. 232 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON ESTABLISHING
A TRAFFIC IMPACT MITIGATION IMPROVEMENT FUND
BE IT ORDAINED by the Town Council of the Town of
Tiburon, as follows:
Section 1. Purpose.
This Ordinance is enacted for the purpose of establishing
traffic impact mitigation fees to defray to actual or estimated
costs of constructing improvements to Tiburon Boulevard at
critical intersections within the Town which will be required
in order to accommodate the increased traffic flow resulting
from increased future build-out of the Tiburon Peninsula.
Section 2. Findings.
(a) The Circulation Element of the Town's General Plan
recognizes that Tiburon Boulevard is the Town's primary vehicular
road; that it is the only highway serving the western side of the
Tiburon peninsula and the City of Belvedere from U.S. Highway
101; and that as the primary "ingress and egress route for the
entire community, it has been a focal point for discussion of
land use, downtown development, public safety and the character
of Tiburon itself".
(b) The Circulation Element further recognized that the
highway is poorly designed and that the traffic pattern in
certain portions of the road is unsatisfactory.
(c) A Committee was established in October 1974 to study
proposed improvements and to establish design criteria for the
redesign of Tiburon Boulevard between Stewart Drive and Mar
West Street and the report of the committee, which made numerous
suggestions for improvements to Tiburon Boulevard, was made a
part of the Circulation Element.
(d) At the present time, the Boulevard has service levels
of "A" or "B" (as defined in the Highway Capacity Manual of the
Highway Research Board) at certain critical intersections.
(e) Traffic studies have demonstrated that at full build-
out of the Tiburon peninsula an additional 821 average daily trips
will be generated at peak traffic hours along Tiburon Boulevard.
(f) The effect of the increased traffic generated by said
buildout will be to render service levels of "C", "D", or "F"
at certain critical intersections.
(g) Service level "F" has the following characteristics:
forced flow conditions, low speeds, volumes below capacity, may
be zero; and stoppages for short or long periods because of
downstream congestion.
-2-
(h) Full build-out of the Peninsula will lead to an
intolerable over-burdening of Tiburon Boulevard and will thereby
cause a cumulative significant adverse environmental effect.
(i) Each new land development will generate additional traffic
which will add the the traffic congestion on Tiburon Boulevard.
(j) Pursuant to 821081 of the Public Resources Code, the
Town may not approve a development project which has a significant
adverse environmental effect unless measures to mitigate the
adverse effect are infeasible.
(k) Construction of improvements to Tiburon Boulevard within
the Town limits are feasible, and will mitigate the cumulative
significant adverse environmental effects of development buildout
on the Peninsula.
(1) The payment of a development fee by all those under-
taking development projects approved by the Town with said monies
to be placed in a restricted special fund (Tiburon Boulevard
Traffic Improvement Fund) to be used solely to assist in defraying
the costs of construction of said improvements to Tiburon Boulevard
is warranted, required and necessary for the purpose of mitigating
the aforementioned adverse environmental effects and improving
traffic circulation, mobility and safety, within the Town.
Section 3. Definitions.
Dwelling Unit: A dwelling unit shall mean one or more
habitable rooms which are occupied or which are intended to be
occupied by one or more persons with facilities for living,
sleeping, cooking and eating.
Residential Improvement: A residential improvement shall
include single family detached homes, single family attached
home, townhomes, condominiums and apartments.
Non-Residential Improvements: A non-residential improvement
shall include any improvements other than a residential improvement.
Retail Improvement: A retail improvement shall include any
improvement used for retail sales.
Office Improvement: An office improvement shall include any
improvement used for administrative, professional, or other offices.
New Residential Development: New residential development shall
mean original construction of one or more residential improvements.
New Retail Development: New retail development shall mean
original construction of one or more retail improvements or the
addition of gross floor space to existing non-residential
improvements to De used for retail sales.
-3-
New Office Development: New office development shall mean
original construction of one or more office improvements or the
addition of gross floor space to existing non-residential
improvements for administrative, professional, or other offices.
Section 4. Traffic Impact Mitigation Fee for New Developments.
A traffic impact mitigation fee is hereby imposed on each
new 'development, said fee to be paid prior to the issuance of
any building permit(s) in connection with said project.
The amount of said fees shall be adopted by Resolution of
the Town Council and amended from time to time for the purpose
of reflecting changes in construction costs. The amount of said
fees shall be in proportion to the traffic generated by the
respective use.
Section 5. Traffic Impact Mitigation Improvements Fund -
Disposition of Revenue.
There is hereby created in the Town Treasury a "Tiburon
Boulevard Traffic Improvement Fund", into which all traffic
impact mitigation fees collected pursuant hereto shall be
deposited. The money in said fund shall be segregated from other
Town funds and shall be expended solely for the construction of
improvements to Tiburon Boulevard within the Town limits.
Section 6. Separability.
If any section, sentence, subsection, clause or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional
by a decision of a Court of compentent jurisdiction, such decision
shall not affect the vailidity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares
that it would have passed this Ordinance, any section, subsection,
sentence, clause or phrase thereof, irrespective of the fact
that anyone or more other sections, subsections, sentences,
clauses or phrases may be declared invalid or unconstitutional.
Section 7. Effective Date.
This Ordinance shall take effect and be in force thirty (30)
days after the date of passage and before the expiration of fifteen
(15) days after its passage, the same s~all be published with
the names of the members voting for and against the same, at least
once in a newspaper of general cirall~ion, published in the Town
of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon held on November 19, 1980, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Edelstein, Bergsund, Hanson, Rockey, Bass
None
None
R.L.
Drafted:
Revised:
Revised:
7/22/80
11/13/80
11/20/80
-4-
~
h:~~~~ ·
Town of Tiburon
, NAGER/CLERK