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Ordinance Number 6382179-1 x'14 ORDINANCE NO. 638 CITIZENS' SENSIBLE GROWTH AND TRAFFIC CONTROL INITIATIVE AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE CITIZENS' SENSIBLE GROWTH AND TRAFFIC CONTROL INITIATIVE THE PEOPLE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Intent and Purpose. A. The intent and purpose of this amendment and ordinance is to secure for the citizens of the City the social and economic advantages which result from safe and efficient access to employment, housing, and public and private services, and to protect and preserve the public health, safety and general welfare; B. It is the intent and purpose of this amendment and ordinance to preserve the quality of life and environmental values of the citizens of the City through measures which are within its authority and which relate to city concerns, even though it is acknowledged that the traffic problems currently affecting the City are not entirely within the City's control; C. It is the intent and purpose of this amendment and ordinance to achieve a balance between system capacity and density allocation; D. It is the intent and purpose of this amendment and ordinance to balance demonstrated transportation needs and roadway construction without destroying or disrupting established neighborhoods or communities; E. It is the intent and purpose of.this amendment and ordinance to set a baseline for the traffic capacity which is necessary to maintain and improve the quality of life within the City; F. It is the intent and purpose of this amendment and ordinance to set a baseline for the provision of adequate public services which are necessary to maintain and improve the quality of life within the City. SECTION 2. Findings. A. This amendment and ordinance is necessary to protect the public health, safety, and welfare of present and future residents of the City and the region by avoiding unnecessary and deleterious traffic congestion. This depends on a regional transportation system that provides safe and efficient access to employment, housing, and public and private services. B. The capacity of much of the transportation system of the City has been exceeded, or is reaching capacity, causing the system to be neither safe nor efficient. Traffic congestion which exceeds a reasonable level of service increases the risk of traffic accidents, hinders or blocks the passage of public safety vehicles, causes or contributes to increases in air pollution, wastes fuel, degrades the City's economy, contributes to lost productivity and promotes stress both on the roadways and off, and generally degrades the quality of life within the City. -1- 28"0' C. Traffic studies indicate that existing, approved, proposed and future developments in the region will produce unacceptable levels of traffic congestion. If the general plan and specific plans are not amended to establish reasonable standards for traffic capacity which relate future growth to that capacity, unacceptable levels of service on many streets and intersections will result. D. The cumulative impacts of land development, existing, approved, proposed and future, in the incorporated area of the City contributes significantly to the unsafe and inefficient condition of the transportation system. It is recognized that where the system is already heavily impacted it will take added effort to reach an acceptable level of traffic capacity. E. Relieving the present overburdening of the regional transportation system requires the achievement and maintenance of adequate traffic capacity and provision for adequate long term maintenance of the system as mandated by this initiative. Unless a baseline for peak hour traffic capacity is established which is reasonable and can be met, future development will overwhelm the transportation system. F. Where Transportation System Management Programs are established in an effort to reduce traffic generation, it is necessary to establish an annual evaluation procedure to assure that the assumptions which led to the approval of such programs are in fact still valid. G. Where a substantial change in use results in an increase in traffic generation, it is necessary to establish an evaluation procedure to assure that the change in use maintains the same impact on the transportation system. H. Urban development which abuts transportation corridors and freeways requires a barrier between transportation uses and urban uses in order to prevent the intrusion of light, noise, and. air pollution from the transportation facility on the developed areas, and to provide the facility user with an aesthetic cone of vision, rather than a view of urban development. I. Urban development in future view corridors along new or improved arterials in environmentally sensitive areas will cause a loss of aesthetically pleasing views. J. Where general plan amendments, specific plans and ordinances have been approved for specific areas, but traffic exceeds the capacity of the transportation system, they must be reevaluated and revised as necessary to achieve densities which permit a quality of life consistent with or better than what exists currently. K. Loss of animal migration routes through future transportation systems contributes to the degradation of the natural environment and traps wildlife between transportation systems, creating a conflict between humans and wildlife, and posing a threat to various species. L. The cumulative impacts of land development, existing, approved, proposed and future, in the incorporated area of the City contribute significantly to the need for assurances that present and future public safety, flood control and park systems and services will continue to be available to the public in a manner that assures an adequate quality of life. -2- 281- M. The present overburdening of the public safety, flood control and park systems requires the restoration and maintenance of facilities, services and staffing, and the adequate long term maintenance of facilities, and services as mandated by this initiative. N. Increased flood hazards in already urbanized areas are a significant concern. As the City is further urbanized, flood hazard increases. Many portions of the City are within a flood hazard area. Management and reduction of increased runoff is necessary for the health, safety and general welfare of the citizens of the City. O. There is a need for acquisition of additional neighborhood and community parks and development of existing neighborhood and community park land, accessible to pedestrians, and providing adequate recreational facilities within development areas, thereby decreasing vehicular traffic to local parks elsewhere. There is a need for additional regional parks which provide adequate recreational facilities for an area as a whole and relieve the overcrowding of existing regional facilities. P. Inadequate public safety services have adverse impacts which degrade the City's economy, contribute to loss of life and property, and promote stress. These factors require that provision be made for adequate levels of basic public services and facilities. 1. It is necessary that provision be made for the funding, construction, maintenance and operation of current and future public services and facilities which will maintain current or better levels of service prior to approval of additional development. 2. It is necessary that provision be made for adequate public safety staffing to save lives and property, reduce crime and traffic accidents, and reduce stress, thereby improving public health, safety and general welfare. Q. The deleterious social and economic impacts addressed herein mandate that the overriding consideration for approving a Development be the establishment of a baseline for adequate traffic capacity, public safety services, flood control and parks, and the preservation of existing neighborhoods and communities. R. To assure availability of funding for needed improvements it is necessary to mandate that any funds collected for said improvements be segregated and actually spent within a specified time period on specific improvements, thereby assuring that these funds are not diverted to the general fund and therefore dissipated. S. It is necessary to allow a reasonable time lapse between issuance of building permits and the completion of related improvements so that funds may be collected and construction undertaken as mandated herein. T. The overriding consideration in a Development approval is not the short term economic gain which accrues from approval of a Development, but the long term benefit which accrues to the citizens from a balancing of environmental values, system capacities and reasonable densities which the governmental entity can afford to service. U. Unless future growth is directly related to the availability of capacity in the transportation' system, and the City's general plan elements, specific plans and -3- 282 ordinances are revised to allocate densities based on that capacity, the City will not be able to achieve the Standard Level of Service mandated in this amendment and ordinance. V. Unless adequate traffic capacity and balanced growth occur the City will eventually experience a condition known as "gridlock" and the result will be the loss of business opportunities, jobs, and a reduction in property values. SECTION 3. General Plan Amendment and Ordinance. To the maximum extent authorized by existing State and Federal Law the following shall be done: A. Prior to approval or adoption, whichever comes first, of a general plan amendment, specific plan, precise plan, area plan, zone change, tentative tract or parcel map, whether approved, proposed or future development, for a Development, the Standard Level of Service shall be achieved and maintained for all arterials to which said Development contributes measurable traffic. Said Development shall not cause the transportation system to operate at conditions worse than the Standard Level of Service. 1. Notwithstanding any provision of Section 3 to the contrary, a grading permit or building permit, whichever is issued first for said Development, may be approved or issued in the following circumstances: a) When the existing transportation system is operating at a level of service equal to or better than the Standard Level of Service; and 1) Said Development does not cause the transportation system to operate at a level of service worse than the Standard Level of Service; or 2) A Comprehensive Planning and Improvement Program to maintain the existing level of service on the transportation system affected by said Development, which the Development participates in, has been adopted by the City to maintain such Standard Level of Service. b) When the existing transportation system is operating at worse than the Standard Level of Service; and 1) Such approval or issuance required for a Development is conditioned upon the requirement that the Development's measurable traffic does not cause the transportation system to operate at conditions worse than the existing conditions and where a measurable improvement is achieved; or 2) A Comprehensive Planning and Improvement program to achieve a measurable improvement in the existing level of service on the transportation system affected by said Development, which the Development participates in, has been adopted by the City_to achieve such Standard Level of Service. c) Where there is a requirement imposed upon a phased Development pursuant to this Section 3 for the payment of costs into a Comprehensive Planning and Improvement Program, such costs shall be payable serially as to each phase of the Development, in conjunction with the improvements accomplished and not in one payment for the entire Development. -4- 2. Where a Transportation System Management program is used to reduce project related vehicle trips, said program shall be adopted only if substantial evidence is presented prior to development approval and,findings are made that the percentage of trip reduction attributed to Transportation System Management programs have been and continue to be made in the City for a similar project. Said reductions must actually occur. a) When a Transportation System Management Program is approved, a conditional use permit shall be issued, and a yearly report prepared by the City at the expense of the developer or business owner, to show said vehicle trip reduction has been achieved and maintained. b) If said reductions are illusory, the conditional use permit shall be reevaluated and additional conditions imposed in order to meet the requirements of this amendment and ordinance. c) Programs and policies such as mixed or balanced uses, flex time, staggered shifts, limiting truck traffic, requiring fifty (50) percent of the employees be County residents, and provision of employee housing, may be used to implement a Transportation System Management Program. 3. Each Development approved under the terms of this amendment and initiative shall be reevaluated when any change in use occurs which is expected to increase the traffic generation for said Development. The purpose of the reevaluation is to assure that traffic capacity is available in the transportation system. 4. Development along transportation corridors and freeways shall provide for scenic corridors adjacent to each side of said facility. Arterials built or expanded in environmentally sensitive areas shall be treated in a similar manner. a) In urbanized areas along these routes a minimum of thirty (30) feet shall be maintained and heavily landscaped to screen the developed areas and the routes. This provision is intended to prevent the intrusion of light, noise and air pollution from the facility on development. b) In rural and undeveloped areas this provision is intended to maintain the natural or native plant cover and terrain and to provide facility users with a sense of the rural environment which previously existed. Arterials built or expanded in environmentally sensitive areas shall be treated in a similar manner. c) Where necessary, animal migration corridors shall be provided. B. The City shall revise its zoning ordinances and adopt zoning which conforms to this general plan amendment and ordinance. The City shall allocate densities and phase approved development to ensure that future growth does not exceed an acceptable circulation capacity which is Standard Level of Service and ensure construction, maintenance and operation of said facilities, except temporarily as permitted herein. C. Prior to approval or adoption, whichever comes first, of a general plan amendment, specific plan, precise plan, area plan, zone change, tentative tract or parcel -5- map, whether approved, proposed or future development, for a Development, Adequate Service Levels shall be achieved and maintained for police or sheriff, fire and paramedic services, flood control improvements and neighborhood, community and regional parks to which said Development contributes an adverse impact. Said Development shall not cause these services to operate at conditions worse than the Adequate Service Levels established herein. 1. Notwithstanding any provision of Section 3 to the contrary, a grading permit or building permit, whichever is issued first for said Development, may be approved or issued in the following circumstances: a) When the existing police or sheriff, fire and paramedic service, flood control and parks are operating or provided at a level of service equal to or better than the Adequate Levels of Service as defined; and 1) Said Development does not cause police or sheriff, fire and paramedic service, flood control or parks to operate or be provided at a level of service worse than the Adequate Level of Service; or 2) A Comprehensive Planning and Improvement Program to maintain the existing level of service on the police or sheriff, fire and paramedic service, flood control or park systems affected by said Development, which the Development participates in, has been adopted by the City to maintain such Adequate Levels of Service. b) When the existing police or sheriff, fire and paramedic service, flood control or parks are operating at worse than the Adequate Level of Service; and 1) Such approval or issuance required for a Development is conditioned upon the requirement that the Development's impact does not cause police or sheriff, fire and paramedic service, flood control or park systems to operate at conditions worse than the existing conditions and where, in fact, a measurable improvement is achieved; or 2) A Comprehensive Planning and Improvement Program to achieve an improvement in the existing level of service on the police or sheriff, fire and paramedic service, flood control or park systems affected by said Development, which the Development participates in, has been adopted by the City to achieve such Adequate Levels of Service. c) Where there is a requirement imposed upon a phased Development pursuant to Section 3 for the payment of costs into a Comprehensive Planning and Improvement Program, such costs shall be payable serially as to each phase of the Development, in conjunction with the improvements accomplished and not in one payment for the entire Development. 2. New developments shall provide parkland in the following manner: a) Said community and/or neighborhood parks shall be located within reasonable distance for the residents of the Development and surrounding urban area. Neighborhood and community park requirements are not met by the provision of M 285, open space, conservation or regional parks. Credit shall be allowed for the provision of up to fifty [50%] percent of said park requirement by private parks. Said parks must include the improvements necessary to make them functional. b) Regional park land and its development shall be required through an appropriate pro rata contribution or through dedication and improvement thereto on a pro rata basis when new development is approved. Said parks must include the improvements necessary to make them functional. 3. New development shall provide for 100 year flood protection within said Development Area. New development shall not increase the existing downstream peak flow of flood waters or runoff, and shall retain the increased cubic feet per second [over the existing cubic feet per second] due to the Development on site until the peak has passed. a) Where 100 year flood control protection already exists to the extent that downstream properties are no longer impacted, said retention of increased cubic feet per second shall not be required. b) Said flood control projects shall be completed in an environmentally sensitive manner, preserving the existing drainage course to the extent feasible. c) Existing developed areas shall receive priority in publicly funded flood control projects in order to attain protection from a 100 year flood in the near future. d) Flood control retention basins to be constructed to mitigate development may be considered on a master plan or watershed basis, i.e., a basin may mitigate more than one development project. D. The City shall revise its zoning ordinances and adopt zoning which conforms to this general plan amendment and ordinance. The City shall allocate densities and phase approved development to ensure that future growth shall not exceed the City's ability to provide adequate police or sheriff and fire protection, paramedic service, flood control improvement, and neighborhood, community and regional parks; and to ensure that construction, maintenance and operation of public and private services and facilities, including but not limited to police or sheriff, fire protection, paramedic service, flood control improvements, and neighborhood, community and regional parks have been provided as necessary to meet Adequate Service Levels as defined herein, except temporarily as permitted herein. E. Where a Comprehensive Planning and Improvement Program and/or Transportation System Management Program has been approved which ensures that each phase accomplishes improvements which equal the measurable impact of that phase, and where the existing condition is worse than the Standard Level of Service, but a measurable improvement shall be completed as required, phasing shall be allowed. Where the existing condition is worse than the Adequate Service Level, but an improvement shall be completed as required, phasing shall be allowed. Development Areas or individual developments shall retain their original boundaries for purposes of assessing measurable impact. Division for the purpose of avoiding the requirements of this amendment and ordinance shall be prohibited. -7- F. Each year the City shall update and adopt a Development and Traffic Monitoring Report which shall assess the ability of the system to maintain Standard Levels of Service for traffic capacity, and adequate service levels for police or sheriff and fire protection, paramedic service, flood control improvement, and neighborhood, community and regional parks and which shall be used to evaluate development proposals and their cumulative impacts on the system. G. The City shall adopt, after noticed public hearing, findings for each Development which certify that each provision of this amendment and ordinance has been complied with based on substantial evidence on the record, and set forth the manner of compliance with each provision and requirement of Section 3 by said Development at the earliest time possible in the process. 1. At the tentative tract level or equivalent, such as the planned development approval or project approval level, said Development shall be reviewed and considered again in adopted by the City [which said Development contributes to] to achieve such Adequate Levels of Service. 2. Hearings shall be noticed in a newspaper of general circulation in this jurisdiction, with notices also sent by first class mail to all interested associations, groups, and individuals. Notice shall also be provided by other additional means that the City deems appropriate. H. Where improvements are required which cross jurisdictional boundaries and require that said improvements shall be approved by another responsible agency, rather than the Development's lead agency, the lead agency and the responsible agency may negotiate a solution in an attempt to reconcile conflicts between each jurisdiction's general plan, specific plans and ordinances. Where no solution is reached, the improvement funds required shall be deposited in a trust fund for use on those improvements identified as necessary in the future. I. Where transportation facilities or other improvements are required to be completed hereunder, both principal funding or adequate security, and any interest accrued shall be placed in a trust fund for use on transportation facilities or other improvements required. In no case shall said principal or interest funds be transferred to the general fund or other improvement fund. Surplus funds which exist after such transportation facilities or other improvements have been completed may be transferred to a related intersection or link fund, or in the case of funds required for other than transportation facilities or other improvements, to a trust fund for related improvement. J. Improvements shall be completed within three [3] years of the first use and occupancy for said Development or within five [5] years after issuance of a grading permit or building permit for said Development, whichever comes sooner. K. Where the improvements required to approve the Development at the density proposed shall create significant adverse physical, environmental or economic impacts on the existing neighborhood or community, the density of the Development shall be revised and redesigned to alleviate the adverse impacts of both the Development and the required improvements. L. If said improvements are not completed within the prescribed time periods within that jurisdiction, additional development shall be delayed, and/or phased in 10 28` ) such a manner so as to make no measurable impact on the systems referred to herein, until such time as these standards shall be met, or planned densities revised so that these standards shall be met. M. This general plan amendment and ordinance shall not operate to deprive any landowner of substantially all use of their property or otherwise constitute a constitutional taking without compensation. SECTION 4. Definitions and Terms. A. ADEQUATE NEIGHBORHOOD AND COMMUNITY PARK STANDARDS means state standards shall prevail for neighborhood and community parks. B. ADEQUATE FLOOD CONTROL PROTECTION means protection from a 100 year flood is considered adequate. Computation of existing and 100 year flood flows shall be determined using the Orange County Flood Control District [OCFCD] Hydrology Manual. Existing 100 year flood flows shall be based on watershed conditions existing on January 1, 1988. C. ADEQUATE SERVICE LEVELS [POLICE AND SHERIFF] means emergency response time shall be 5 minutes or less, more than 85% of the time. Non- emergency response time shall be 15 minutes or less, more than 85% of the time. D. ADEQUATE SERVICE LEVELS [FIRE AND PARAMEDICS] means emergency response time shall be 5 minutes or less, more than 85% of the time. Non- emergency response time shall be 15 minutes or less, more than 85% of the time. E. BUILDABLE FLOOR AREA RATIO means gross buildable floor area divided by gross lot square footage. F. COMPREHENSIVE PLANNING AND IMPROVEMENT PROGRAM means a plan and program which addresses the cumulative impacts of said development or developments on a specifically defined impact area, and mandates improvements to each link and intersection, or service for said Development. This program will relate to the data contained in the Traffic and Development Monitoring Program, but is to be site specific in planning and improvements. These programs shall be updated yearly. 1. As to transportation systems, a governmentally implemented program of funding, construction and maintenance of transportation facilities to achieve the level of service of the transportation system required for a development hereunder, with the requirement for payment of a pro rata share of costs of improvements necessary. 2. As to the services and facilities described in Section 3(c), a governmentally implemented program of funding, construction, and maintenance of such services and facilities to achieve the level of service for such services and facilities required for a Development hereunder, with the requirement of a pro rata share of costs of improvements necessary. G. COMMUTER ARTERIAL means a roadway designed as a two-lane undivided, restricted access roadway, with a typical right of way width of 56 feet and a roadway width from curb to curb of 40 feet. A commuter arterial should accommodate fewer than 10,000 vehicle trips per day. 1� H. DEVELOPMENT means any physical improvement to land. 1. DEVELOPMENT AREAS means those land areas proposed for development and under a single ownership at the time of adoption of this amendment and ordinance. J. EMERGENCY means circumstances threatening the loss of life, serious bodily injury, or damage or loss of substantial property. K. EXISTING LOT means a lot which abuts, is contiguous to, and has the right of access to a street which is improved to the subdivision standards of the City on the date of adoption of this ordinance; a lot which has been recognized as a usable vehicular right of way of record, or a lot which now contains a usable building. L. INTERSECTION means that section of the roadway influenced by the junction of roads, streets, or ramps. M. IMPROVEMENT TRUST FUND means a fund or assessment district, Mello -Roos assessment district; or other benefit assessment district established for improvements to either public safety, flood control or parks which are necessitated by Development. Such funds may be used to provide improvements including acquisition, construction, equipment, and services. N. ;JURISDICTIONAL CONFLICT means a condition involving two or more governmental agencies having approval powers over the improvements required by this amendment and ordinance. O. LINK means that section of road or street between intersecting roads or streets, or on -ramps, but excluding the section of road or street where traffic is influenced by an intersection of roads, streets or ramps. P. MAJOR ARTERIAL means a roadway designed as a six -lane divided roadway, with a typical right of way width of 120 feet and a roadway width from curb to. curb of 102 feet. A major arterial should accommodate between 30,000 and 45,000 vehicle trips per day. Major arterials carry a large volume of regional traffic not handled by the freeway system. Q. MEASURABLE IMPROVEMENT means an improvement which equals no less than one-half [1/2] second of average vehicle delay at any intersection and equals no less than one [1] percent of the average daily traffic on any link, and is required in addition to mitigating the impact of the Development. R. MEASURABLE TRAFFIC IMPACT means a volume of traffic which will result in an increase of one half [1/2] second of average vehicle delay at any intersection or an increase of one [1] percent,of the average daily traffic on any link. S. MIXED/BALANCED USE DEVELOPMENT means a Development which will reduce traffic volume outside the Development boundaries by providing all or most of the needs of users within the Development boundaries, including but not limited to housing, commercial, office and light industrial development or other employment generating uses. T. MODIFIED MAJOR ARTERIAL means a roadway designed to accommodate traffic volumes when a major arterial highway is necessary in already -10- developed areas, but a full 120 feet of right of way is not feasible due to existing structures or topography. A 100 -foot right of way may be developed. U. MODIFIED PRIMARY ARTERIAL means a roadway designed to accommodate traffic volumes when a primary arterial highway is necessary in already developed areas, but a full 100 feet of right of way is not feasible due to existing structures or topography. An 80 -foot right of way may be developed instead. V. NON -EMERGENCY means circumstances, other than an emergency, where a reasonable response time is required but is not life or property threatening or urgent in nature. This is not routine calls. W, PRIMARY ARTERIAL means a roadway designed as a four -lane divided roadway, with a typical right of way width of 100 feet and a roadway width from curb to curb of 84 feet. A primary arterial should accommodate between 20,000 and 30,000 vehicle trips per day. X. PRO RATA means a fair share based on a Development's impacts. Y. REGIONAL PARK means a park which services a greater population than a neighborhood or community park and which shall be provided in a ratio of two [2] acres per 1000 persons residing within the Development. Such regional parkland may be provided off site, and a pro rata share may be paid into an improvement fund. Credit shall be granted for regional parkland already dedicated for said Development. Z. RURAL means all areas not developed for an urban use, or not master planned for an urban use. AA. SCENIC CORRIDOR means a corridor of open space used to insulate uses from one another, and to preserve a scenic and aesthetic barrier between urban uses and natural uses, and between transportation uses, the urban environment, and the natural environment. BB. SECONDARY ARTERIAL means a roadway designed as a four -lane undivided roadway (no median) with a width from curb to curb of 64 feet. A secondary arterial should accommodate between 10,000 and 20,000 vehicle trips per day. A secondary arterial serves as a collector, distributing traffic between local streets and major and primary arterials. While some secondary 'arterials serve as through routes, most provide more direct access from development. CC. STANDARD LEVEL OF SERVICE [TRAFFIC CAPACITY] means the level of service for the transportation system shall be Level of Service "C" or better for all arterial highway links and Level of Service "D" or better for all arterial intersections during peak hours Monday thru Friday. Levels of Service shall be defined by and computed using the methodology contained in the "Highway Capacity Manual", Special Report dated 1985 by the Transportation Research Board of the National Research Council, including any subsequent revisions. DD. SUPER STREET [ARTERIAL] means an arterial which, for its functional classification, has an enhanced level of traffic -carrying capacity that is achieved by a variety of measures as defined in the County of Orange's general plan transportation element. -11- 290 EE. TOLL ROAD means a highway open to traffic only upon the payment of a direct toll or fee. Toll roads shall be built to the standards for transportation corridors and freeways. FF. TRAFFIC IMPROVEMENT TRUST FUND means a fund or assessment district, Mello -Roos assessment district, or other benefit assessment district, established for the specific purpose of collecting said funds and improving intersections and, links. GG. TRANSPORTATION CORRIDOR means a multimodal facility, eventually having six or more lanes based on projected traffic volumes and a median of sufficient width to be utilized in the future for transit considerations such as fixed rail or high occupancy vehicles. The corridors shall provide for high speed movement of vehicular traffic where projected volumes exceed major arterial highway capacities. These routes shall function similar to freeways and expressways and may eventually be incorporated into the freeway and expressway system. Therefore they are designed to meet minimum State and Federal standards. Transportation corridors may be toll roads. HH. TRANSPORTATION SYSTEM means the arterials defined herein, improvement to which are not precluded by State or Federal regulations or agencies. II. TRANSPORTATION SYSTEM MANAGEMENT PROGRAM means a series of required and voluntary actions which reduce the vehicle generation rate of a specific use or uses of land. JJ. TRAFFIC STUDY means a report on traffic to be prepared by a traffic engineer licensed by the State of California. KK. USE AND OCCUPANCY means the occupancy of a structural portion of a Development put to the use for which it was intended. LL. URBAN means all uses which are not rural, agricultural, estate, open space, conservation, local or regional park, state or national park. SECTION 5. Exemptions. The following are exempt from the provisions of this amendment and ordinance: A. Any use which has no measurable impact on the Standard Level of Service, or an adverse impact on Adequate Service Levels. Density reductions which result in no measurable impact or adverse impact shall be encouraged. B. Any commercial or industrial development which has all of the following: a gross floor area equal to or less than 10,000 square feet; a buildable floor area ratio of less than 0.5, and an average daily trip generation of less than 130 daily trips; on an existing lot. C. Any four-plexes or lesser numbered multiple dwellings on a single existing lot; or any single-family residential units on a single existing lot or existing parcel; D. Any agricultural use, open space, conservation and passive use park; -12- M 291 E. Any rehabilitation, remodeling, or addition which equals or is less than 50% of the existing square footage of an existing residential structure, or an addition which equals or is less than 10% of the existing square footage, or 10,000 square feet whichever is less, of all other structures; F. Any rebuilding of an existing development damaged or destroyed by fire or natural disaster if uses, and square footage remain substantially the same; G. Facilities provided to protect the health and safety of the people, which shall be defined as hospitals, police, fire and safety facilities and schools; H. Public benefit facilities, which shall be defined as public libraries, public administration facilities, public utilities, and religious facilities; and I. Any structure appurtenant to an existing structure, or any minor alteration in connection with an existing structure. SECTION 6. Implementation. A. Upon the effective date of this initiative, the general plan of the City shall be deemed to be amended to contain these concepts and enforced as such by the City. Where the initiative is in conflict with other aspects of the City's Zoning Code or other ordinances and regulations, the terms of this amendment and ordinance shall prevail over such other enactments. The City shall within six (6) months revise the text of the general plan and other ordinances to specifically reflect the provisions of this amendment and ordinance. B. In the interim, development not exempted herein may be approved if the City adopts findings that said Development(s) are consistent with the provisions of this amendment and ordinance. SECTION 7. Amendment or Repeal. A. This amendment and ordinance may be amended or repealed only by a majority of the voters at a general election. SECTION 8. Severability. A. if any section, subsection, part, subpart, paragraph, clause or phrase of this amendment and ordinance, or any amendment and ordinance or revision of this amendment and ordinance is for any reason held to be invalid or unconstitutional; the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected, but shall remain in full force and effect. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing Ordinance was submitted as an initiative measure at the special municipal election held in the City of San Juan Capistrano on November 8, 1988, and was duly passed by a majority vote of the -13- 292. electorate. The City Council declared the results of the vote on said measure on December 6, 1988, by Resolution No. kf-/2 -6 - f,, and pursuant to the provisions of Elections Code Section 4013. The Ordinance shall become effective the 16th day of December, 1988. Dated this 6th day of December, 1988. (SEAL) MARY N NOVER, CITY CLERK City of Juan Capistrano, California -14-