HomeMy WebLinkAboutCC Resolution 8220 (Countywide Planning Agency)RESOLUTION NO. 8 2 2 0
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE
MAYOR TO SIGN THE REVISED JOINT POWERS AGREEMENT TO
ESTABLISH A COUNTYWIDE PLANNING AGENCY
WHEREAS, the 101 Corridor Study identified needed transportation
improvements to meet future needs; and
WHEREAS, even with all State funding sources, passage of a countywide
sales tax measure is critical to the funding of needed transportation
improvements; and
WHEREAS, a coordinated growth management plan is a necessary
component of the transportation improvement program sales tax measure;
and
WHEREAS, cities, the county, environmental groups and other community
organizations have been involved in the drafting of the growth management
plan; and
WHEREAS, the growth management plan has been significantly expanded to
include standards for environmental protection, housing, water and sewer
facilities as well as traffic management; and
WHEREAS, a Countywide Planning Agency has been proposed to administer
these countywide planning standards and to review local general plans
against these standards; and
WHEREAS, cities must participate in the Countywide Planning Agency and
adhere to the Countywide Planning standards in order to be eligible for local
shares of the sales tax funds; and
WHEREAS, a joint powers agreement forming the Countywide Planning
Agency has been proposed and was revised by the County consistent with
other city comments; and
WHEREAS, major San Rafael concerns with the Joint Powers Agreement
have been satisfactorily resolved.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
San Rafael authorizes the mayor to sign the revised Joint Powers Agreement
establishing and agreeing to participate in the Countywide Planning Agency.
I, JEANNE M. LEONCINI, clerk of the City of San Rafael, hereby certify that
the foregoing Resolution was duly and regularly introduced and adopted at a
regular meeting of the Council of said City on the 20th day of August, 1990, by
the following vote, to wit.
AYES: Councilmembers: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: Councilmembers None
ABSENT: Councilmembers: None
---------------------------
JEANN . LEONCINI, CITY CLERK
ORIGINAL
�v2o20
ATTACHMENTS
Exhibit Countywide Planning Agency Joint
Exercise of Powers Agreement
Exhibit A Countywide Planning Standards Checklist
Exhibit B Annual Trip Generation Budget Planning Standard
8/2/90
COUNTYWIDE PLANNING AGENCY
JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1990, by
and between the County of Marin, a political subdivision of the State of California,
hereinafter referred to as "County", and the cities of Belvedere, Corte Madera, Fairfax,
Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon,
municipal corporations of the State of California, hereinafter referred to as "Cities".
WITNESSETH
WHEREAS, the County and the Cities have determined that it would be mutually
beneficial to establish a Countywide Planning Agency to implement countywide
performance standards for traffic, housing, water and sewer facilities, and environmental
protection to ensure that residential and commercial growth does not exceed local water,
sewer, and transportation capacities; and
WHEREAS, the County and the Cities have determined that it would be mutually
beneficial for the cities to participate directly with the County in updating the
Countywide General Plan;
WHEREAS, the County and the Cities have determined that the mutual exercise of
hereinafter designated functions to achieve the above purposes would be beneficial to all
parties; and
WHEREAS, Chapter 5 of Division 7 of Title I of the California Government Code
commencing with Section 6500 authorizes Joint Powers Agreements for the provision of
government services for these purposes,
NOW, THEREFORE, BE IT RESOLVED that the County and the Cities agree as follows:
1. Creation of Agency
A public agency to be known as the Countywide Planning Agency is hereby created
as a separate legal entity formed pursuant to the provisions of Article 1, Chapter 5,
Division 7 of Title I of the California Government Code relating to the joint exercise
of powers common to public agencies.
2. Governing Body
The Governing Body of the Countywide Planning Agency shall include one member of
the County Board of Supervisors, appointed by the Board to represent the County,
and one member of the City Council of each participating City appointed by the
respective City Council, provided that the Governing Body includes a minimum of
eight (8) members from jurisdictions representing two thirds of the total county
population based on annual estimates from the State Department of Finance.
Each membe- of the Governing Body shall serve at the pleasure of the appointing
body. An ah ornate may be appointed by each appointing body and such alternate
may act with full powers in the absence of the regular member of the Governing
Body.
IOI/JPAgree2 1 P�
The Governing Body shall elect from its own members a chair and vice chair whose
terms of office shall be determined by the Governing Body.
3. Duties
The Countywide Planning Agency shall perform the following duties:
a. work with the County to update the Countywide Plan by reviewing and
commenting on individual plan elements,
b. implement the countywide performance standards for traffic, housing, water
and sewer facilities, and environmental protection as outlined in Exhibit A to
this Agreement,
c. determine whether the Cities and the County have met the eligibility
requirements for the sales tax local transportation improvement funds,
d. work with the Cities, the County, and the Transportation Authority to establish
Level of Service traffic standards for Highway 101 and other streets and roads
of regional significance,
e. review City and County progress in achieving the Level of Service traffic
standards for Highway 101 and other streets and roads of regional significance,
f. work with the Cities, the County, and the Transportation Authority to develop
and implement on-going 5 year regional transportation improvement programs
designed to achieve the Level of Service standards for Highway 101 and the
other streets and roads of regional significance,
g. develop and maintain a countywide transportation computer model to be used in
evaluating General Plan consistency with the countywide standards established
by the Agency,
h. develop a regional traffic mitigation fee to help fund the transportation
projects included in the 5 year regional transportation improvement program.
None of the duties contained herein shall be deemed to be a delegation of land use
authority within the respective jurisdictions of the parties.
4. Determination of Eligibility for Sales Tax Local Transportation Improvement Funds
The Countywide Planning Agency will determine whether the County and the Cities
have met the eligibility requirements for local transportation improvement funds
described in detail in the Marin County Transportation Improvement and Growth
Management Plan and summarized below:
a. Participate in Regional Planning Process
Each jurisdiction shall (1) participate in the Countywide Planning Agency
established by this Jo: _.t Powers Agreement, (2) submit its General Plan for
review by the Planning Agency for consistency with the countywide standards
outlined in Exhibit A to this agreement for traffic, housing, water and sewer
facilities, and environmental protection, (3) submit a complete account of all
residential and commercial projects approved each year to the Planning Agency
IOWJPAgree2 2
for review for conformance with the Annual Trip Budget and (4) provide local
land use and transportation data for use in the countywide transportation
computer model.
b. Adhere to Annual Growth Limit Established by Trip Budget
Each jurisdiction shall annually submit a complete account of all residential and
commercial projects approved during the preceding year so that the Agency can
determine whether the jurisdiction has complied with the annual growth limit
established by its annual trip budget as described in Exhibit B to this agreement.
c. Adopt Traffic Level of Service Standards
Each jurisdiction shall adopt Level of Service traffic standards for local streets
and the regional Level of Service D standard for Highway 101 in accordance
with the procedures set forth in the Marin County Transportation Improvement
and Growth Management Plan. Each jurisdiction shall also establish and
implement policies, programs, and projects to achieve and maintain these Level
of Service standards.
d. Develop Five Year Capital Improvement Programs to Meet the Traffic Level of
Service Standards
Each jurisdiction shall prepare an on-going five year capital improvement
program for implementation of the projects needed to � meet and maintain its
adopted Level of Service traffic standard.
e. Adopt a Traffic Mitigation Fee Program
Each jurisdiction shall establish a local traffic mitigation fee to fund the local
transportation improvements needed for new development and a regional traffic
mitigation fee for the regional improvements needed for new development. The
regional mitigation fee levied by each jurisdiction shall be based on the regional
fee developed by the Countywide Planning Agency.
f. Agree that local transportation improvement funds are intended to supplement
rather than replace existing dedicated or discretionary transportation funding
programs
g. Consider local transit, paratransit, school transportation, and bikeway needs
when deciding how to spend local transportation improvement funds
h. Participate in the Marin County Transportation Systems Management (TSM)
Program
Each jurisdiction shall participate in the TSM Program which is adopted by a
majority of the cities and the county. This program is expected to be based on
the model TSM Ordinance developed by the county.
IOWJPAgree2
5. Powers
The Countywide Planning Agency is hereby authorized to do all acts necessary to
carry out the duties described in Section 3 including but not limited to:
a. executing contracts;
b. applying for and accepting gifts, donations, grants, subventions, or other
financial aids or funds;
c. employing agents and employees;
d. adopting an annual budget setting forth all administrative, operational, and
capital expenses for the Agency to be financed, at least in part, from the 2
percent of the sales tax allocated for regional planning;
e. suing and being sued in its own name;
f. incurring debts, liabilities, or obligations;
g. executing warrants or other evidence of indebtedness;
h. financing costs and expenses incidental to the projects of the Agency.
The Agency shall not have the power to levy ad valorem property taxes and shall not
have any powers over land use, zoning or subdivision approvals within the boundaries
of any of its member jurisdictions.
6. Meetings
Regular meetings of the Governing Body of the Countywide Planning Agency shall be
held at such times and places as established by the Agency by resolution. All such
meetings, including regular, adjourned or special meetings shall be called, noticed,
and conducted in accordance with the provisions of the Ralph M. Brown Act,
Sections 54950 through 54960 of the Government Code of the State of California.
7. Quorum
A majority of the members of the Governing Body shall constitute a quorum for
transacting business except that less than a quorum may adjourn a meeting.
8. Voting
A majority of the jurisdictions participating in the Countywide Planning Agency
representing a majority of the population of the participating jurisdictions will be
required for all Agency actions except determinations on whether the Cities and the
County have met the eligibility requirements for the sales tax local transportation
improvement funds. The local transportation improvement funds for each
jurisdiction participating in the Countywide Planning Agency will be approved by the
Countywide Planning Agency unless opposed by a majority of the jurisdictions on the
Planning Agency representing a majority of the population of the participating
jurisdictions. Jurisdictions denied their local transportation improvement funds by
the Countywide Planning Agency may appeal the Planning Agency decision to the
Transportation Authority with a minimum of 4 votes required by the Authority to
IOI/JPAgree2 4
overturn the Planning Agency decision. This appeal process shall be limited to
jurisdictions denied their local transportation improvement funds by the Countywide
Planning Agency.
9. By -Laws
The Governing Body of the Countywide Planning Agency may adopt such by-laws,
rules and regulations for the conduct of its affairs as may be required.
10. Staffing
The Countywide Planning Agency may appoint and retain staff as necessary to fulfill
its powers, duties and responsibilities under this Agreement, including the
appointment of temporary or permanent staff, or contracting with consultants
and/or the Cities or the County for staff support.
11. Fiscal Agent
The Marin County Auditor -Controller and Treasurer -Tax Collector shall be the
Auditor and Treasurer for the Countywide Planning Agency pursuant to Section
6505.6 of the Government Code.
The Agency shall be strictly accountable to all participating jurisdictions for all
receipts and disbursements. The Agency may not obligate itself beyond the monies
due to it under this Agreement as outlined in paragraph 5d plus any monies on hand
or irrevocably pledged to its support from other sources. No obligation contracted
by the Agency shall bind the Cities or the County.
In the event that liability is imposed upon the Agency by a Court of competent
jurisdiction by reason of negligent or willful act or omission of it by its officers or
employees, the monetary judgment against the Agency shall be paid by the
participating jurisdictions found to be liable in the court's judgment.
12. Amendments to the Agreement
Amendments to this agreement and its exhibits must be approved by a minimum of
eight (8) jurisdictions representing two thirds of the total county population.
13. Restrictions
This agreement is entered into under the provisions of Government Code Section
6500 et seq. concerning joint powers agreements. The powers to be exercised
hereunder shall be subject to the restrictions upon the manner of exercising those
powers as limited by law.
14. Withdrawal and Termination of Membership in Agency
The County or a City may withdraw from the Agency on July 1 of any given year
provided the local jurisdiction has provided the Agency with at least 90 days notice
of its intent to withdraw in writing. A withdrawal from the Agency shall regi ire the
dissolution of the Agency if it results in fewer than 8 jurisdictions particip-ting in
the Agency representing less than two thirds of the total county population.
IOI/JPAgree2 5
r
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE: CLiU;�yr. ,l, Hilt
IOI/JPAgree2 7
CITY OF MILL VALLEY
BY
CITY OF NOVATO
BY
TOWN OF ROSS
BY
TOWN OF SAN ANSELMO
BY
CITY OF SAN RAFAEL
BY
CITY OF SAUSALITO
BY
TOWN OF'I'IBURON
BY
i/
DATE:
DATE:
DATE:
DATE:
DATE:
DATE: f ��'
DATE:
IOI/JPAgree2 7
CITY OF MILL VALLEY
BY
CITY OF NOVATO
BY
TOWN OF ROSS
BY
TOWN OF SAN ANSELMO
BY
CITY OF SAN RAFAEL
BY
CITY AUSAL
Y
TOWN OF TIBURON
BY
CITY OF MILL VALLEY
DATE: BY
CITY OF NOVATO
DATE: BY
TOWN OF ROSS
DATE: BY
TOWN OF SAN ANSELMO
DATE: BY
CITY OF SAN RAPEL
DATE: ATTEST�(g
vJtl#PINE M�E CINI
City.C1 erk LAWRENCE E. MULRYAN, Y Ma oz
CITY OF SAUSALITO
DATE:
DATE:
IOWJPAgree2 7
m
TOWN OF TIBURON
M.
CITY OF MILL VALLEY
DATE: (� l7 BY
I
CITY OF NOVATO
DATE: BY
TOWN OF ROSS
DATE: BY
TOWN OF SAN ANSELMO
DATE: BY
CITY OF SAN RAFAEL
DATE: BY
CITY OF SAUSALITO
DATE: BY
TOWN OF TIBURON
DATE: BY
IOI/JPAgree2 7
15. Disposition of Assets Upon Termination of Agency
In the event that the Agency is terminated, any assets remaining after all liabilities,
encumbrances and liens have been paid shall be distributed to the member Cities and
the County using the gas tax allocation formula based on population and road
mileage.
16. Indemnification
Each party to this agreement hereby agrees to indemnify, defend, and hold harmless,
the agency and each of the other parties in connection with any claims or suits
pertaining to land use decisions within that party's jurisdiction. Any suit or claim
pertaining to land use decisions shall be the sole responsibility of the party which has
planning jurisdiction over the land in question and that party shall defend and assume
responsibility for any claims or suits against the agency or any other party hereto.
17. Execution of Agreement
This agreement shall become effective when representatives of the County and a
minimum of 7 Cities representing two thirds of the total county population have
executed it and shall continue in full force and effect until terminated by an
agreement executed by all parties, or until January 1, 2011, whichever is earlier,
provided, however, that this agreement may be renewed or amended by mutual
agreement.
IN WITNESS WHEREOF, the parties hereto have entered into the Agreement the day and
year first above written.
DATE:
DATE:
DATE:
DATE:
DATE: 14�- 9U
IO1/JPAgree2 6
COUNTY OF MARIN
RR
CITY OF BELVEDERE
MA
TOWN OF CORTE MADERA
IR
TOWN OF FAIRFAX
15. Disposition of Assets Upon Termination of Agency
In the event that the Agency is terminated, any assets remaining after all liabilities,
encumbrances and liens have been paid shall be distributed to the member Cities and
the County using the gas tax allocation formula based on population and road
mileage.
16. Indemnif ication
Each party to this agreement hereby agrees to indemnify, defend, and hold harmless,
the agency and each of the other parties in connection with any claims or suits
pertaining to land use decisions within that party's jurisdiction. Any suit or claim
pertaining to land use decisions shall be the sole responsibility of the party which has
planning jurisdiction over the land in question and that party shall defend and assume
responsibility for any claims or suits against the agency or any other party hereto.
17. Execution of Agreement
This agreement shall become effective when. representatives of the County and a
minimum of 7 Cities representing two thirds of the total county population have
executed it and shall continue in full force and effect until terminated by an
agreement executed by all parties, or until January 1, 2011, whichever is earlier,
provided, however, that this agreement may be renewed or amended by mutual
agreement.
IN WITNESS WHEREOF, the parties hereto have entered into the Agreement the day and
year first above written.
DATE:
DATE:
DATE:
DATE:
DATE:
IOI/JPAgree2
COUNTY OF MARIN
m
CITY OF BELVEDERE
Mme!
TOWN OF CORTE MADERA
M
TOWN OF FAIRF
�n
BY�
CITY OF LARKSPUR
DATE:
DATE: /0- a - � o
DATE:
DATE: Oi / I Z1 c% l
DATE:
DATE:
DATE:
IOI/JPAgree2 7
CITY OF MILL VALLEY
BY
CITY OVAT
BY ";e J
TOWN OF ROSS
BY
TOWN F S ANSE O
BY
CITY OF SAN RAFAEL
BY
CITY OF SAUSALITO
BY
TOWN OF TIBURON
m
15. Disposition of Assets Upon Termination of Agency
In the event that the Agency is terminated, any assets remaining after all liabilities,
encumbrances and liens have been paid shall be distributed to the member Cities and
the County using the gas tax allocation formula based on population and road
mileage.
16. Indemnification
Each party to this agreement hereby agrees to indemnify, defend, and hold'harmless,
the agency and each of the other parties in connection with any claims or suits
pertaining to land use decisions within that party's jurisdiction. Any suit or claim
pertaining to land use decisions shall be the sole responsibility of the party which has
planning jurisdiction over the land in question and that party shall defend and assume
responsibility for any claims or suits against the agency or any other party hereto.
17. Execution of Agreement
This agreement shall become effective when representatives of the County and a
minimum of 7 Cities representing two thirds of the total county population have
executed it and shall continue in full force and effect until terminated by an
agreement executed by all parties, or until January 1, 2011, whichever is earlier,
provided, however, that this agreement may be renewed or amended by mutual
agreement.
IN WITNESS WHEREOF, the parties hereto have entered into the Agreement the day and
year first above written.
DATE: October 16, 1990
DATE:
DATE:
DATE:
DATE:
IOI/JPAgree2 6
COUNTY OF MARIN
BY
Cha; rrrL-rr, , Board of Supervises
CITY O BELVEDERE�
BY 1/�L�� ( -�c
TOWN OF CORTE MADERA
BY
TOWN OF FAIRFAX
BY
CITY OF LARKSPUR
BY
EXHIBIT A
COUNTYWIDE PLANNING STANDARDS CHECKLIST
ENVIRONMENTAL STANDARDS
E-1 Does the general plan require protection of environmental resources such as
wetlands, ridgelines, creeks, and shorelines? Yes No
Comments
Wetlands:
E-2 Does the general plan prohibit the filling of wetlands or require mitigation for
filling wetlands? Yes No
Comments
E-3 Does the general plan require a significant buffer zone between development
projects and adjacent wetlands? Yes No
Comments
Creeks and Streams:
E-4 Does the general plan require setbacks from the tops of stream banks?
Yes No
Comments
E-5 Does the general plan require the preservation of riparian habitat contiguous to
creeks and streams? Yes No
Comments
Ridgelands:
E-6 Does the general plan require low density development and clustering on hillsides
and ridges to preserve vegetation and scenic resources?
Yes No
Comments
Open Space:
E-7 Does the general plan include an open space plan designating lands for preservation
as greenbelts, community separators, environmental resources, public safety and
recreation? Yes No
Comments
E-8 Does the general plan include an implementation program for acquiring or
preserving these lands? Yes No
Comments
CAR:checklist 1
HOUSING STANDARDS
H-1 Has the jurisdiction adopted a Housing Element which establishes policies,
programs, sites, and quantified objectives to provide and protect an affordable
housing supply and does the Element include a requirement for an annual progress
report and a public process for evaluating the jurisdiction's progress in
implementing the Element? Yes No
Comments
H-2 Can the jurisdiction demonstrate reasonable and continuing efforts to achieve
measurable progress in preserving and increasing its supply of affordable housing
through a variety of programs which may include: mixed use development,
condominium conversion ordinances, high density development along major transit
routes, housing impact fees, second units, land banking, minimum development
standards, and significant inclusionary requirements?
Yes No
Comments
H-3 Does the jurisdiction's general plan analyze the relationship between existing and
projected jobs and existing and projected housing in the jurisdiction, the planning
area, and the county, and does the general plan include policies and programs which
address this relationship?
Yes No
Comments
H-4 Has the local government established a procedure and assigned staff to promote or
assist in the development and financing of affordable housing and to conduct an
annual review of progress in implementing the Housing Element?
Yes No
Comments
TRANSPORTATION STANDARDS
T-1 Does the jurisdiction's general plan include traffic level of service standards and
implementation programs to achieve and maintain the adopted level of service
standards? Yes No
Comments
T-2 Does the jurisdiction's general plan or capital improvement program identify the
improvements needed to achieve and maintain its adopted level of service
standards? Yes No
Comments
T-3 Have realistic funding sources been identified and secured for the needed capital
improvements? Yes No
Comments
T-4 Has the jurisdiction adopted a traffic mitigation fee program based on the capital
projects needed to achieve and maintain the level of service standards?
Yes No
Comments
CAR:checklist 2
T-5 Is the jurisdiction's general plan consistent with the eligibility requirements in the
transportation sales tax plan concerning traffic level of service, capital projects,
traffic mitigation fees and transportation systems management?
Yes No
Comments
T-6 Does the general plan require that new development may be constructed only after
funding for needed transportation improvements has been guaranteed,
environmental review has been completed, and findings have been made that the
needed improvements will be completed in time to prevent the jurisdiction's
adopted level of service standards from being exceeded? Yes No
Comments
STANDARDS FOR COMMUNITY FACILITIES AND SERVICES
CF -1 Do the general plan or implementing measures require coordination with water and
sanitary districts in the provision of adequate water and sanitary facilities to
service existing and future development? Yes No
Comments
CF -2 Do the general plan or implementing measures require that a development project
provide evidence that water and sanitary sewer connections have been granted
before a development receives final ministerial permits, e.g., final map, parcel map
or building permits? Yes No
Comments
CF -3 Do the general plan or implementing measures require the jurisdiction to report to
the appropriate water and sanitary districts on development activities for which
the district needs statistics or other information? Yes No
Comments
CF -4 Do the general plan or implementing measures encourage and promote water
conservation measures? Yes No
Comments
CAR:checklist 3
ANNUAL TRIP GENERATION BUDGET PLANNING STANDARD
In determining whether each of the cities and the county have met the eligibility
requirements for Local Transportation Improvement Funds, the Countywide Planning
Agency (Agency) shall annually review the developments approved by each of the cities
and by the county for conformance with each jurisdiction's Annual Trip Generation
Budget (Trip Budget).
The Annual Trip Generation Budget for each city and for the county is defined as the
total afternoon peak hour trips which would be generated by the buildout of all
development permitted in the General Plan of each city and of the county divided by the
number of years required for the completion of the transportation system which would be
needed to serve the development permitted in each General Plan.
The new trips which would be generated by the build -out of each General Plan shall be
determined using the traffic engineering industry standard trip making rates as presented
in Trip generation, 4th Edition, prepared by the Institute of Transportation Engineers and
applied to the land use and development permitted in each General Plan.
The number of years which shall be used to divide into the total added trip generation
and thereby establish the annual trip Budget shall be set as the time required to complete
the transportation system improvements as described in the Marin County Transportation
Improvement and Growth Management Plan. The Transportation Improvement Plan is
scheduled to be complete in 20 years.
The Trip Budget for each city and for the county shall be established by the Agency at
the time when the General Plan for each jurisdiction is reviewed for conformance with
the countywide standards included in the County Growth Management Program. The Trip
Budget for each jurisdiction shall be recalculated whenever a jurisdiction amends its
General Plan. If a jurisdiction's annual Trip Budget is less than 5 afternoon peak hour
trips, based on its General Plan, that jurisdiction's annual Trip Budget shall be set at 5
afternoon peak hour trips.
At the end of each year, each city and the county shall submit a report to the Agency on
the number, type and scale of projects approved and the number of afternoon peak hour
trips which would be generated by projects approved in the preceding year. A
jurisdiction shall be found to be in conformance with its Annual Trip Budget if the total
afternoon peak hour trip generation from projects approved in the preceding year is less
than the Annual Trip Budget for that particular jurisdiction. Trips which would be
generated due to the approval of low or moderate income housing developments shall be
excluded from the calculation of afternoon peak hour trips generated by projects
approved in the preceding year.
In order to account for normal variations in the rate of development activity caused by
factors beyond local control, local jurisdictions will be allowed to exceed their annual
Trip Budget for up to two consecutive years without losing their Local Transportation
Improvement Funds so long as the afternoon peak hour trips generated by the
development approved by that jurisdiction over a three year period does not exceed the
sum of three years of the jurisdiction's annual Trip Budget.
IOI: ExhibitB 1
For each of the first or second years when a city or the county exceeds its Trip Budget,
that jurisdiction shall be determined by the Agency to not be in conformance with the
Trip Budget planning standard and shall not be eligible to receive its share of Local
Transportation Improvement Funds in that year but would remain eligible to receive
these funds at the following annual review of its development approval activities.
The funds not allocated to a city or the county because it did not meet the Trip Budget
planning standard shall be placed in reserve until the end of three years following the
first time the city or the county exceeded its Trip Budget. If, at the end of the three
year period from when the Trip Budget was first exceeded, the city or the county has
approved new development which would generate fewer trips than the sum of three years
of its annual Trip Budget, the city or the county shall be determined by the Agency to be
in conformance with the Trip Budget planning standard for that three year period and
shall be eligible to receive three years of Local Transportation Improvement Funds funds.
If, at the end of the three year period from when the Trip Budget was first exceeded, a
city or the county has approved new development which would generate trips in excess of
the sum of three years of its annual Trip Budget, the Local Transportation Improvement
Funds for those three years shall be returned to the Transportation Authority for use as
the Authority deems appropriate. The city or the county would never again be eligible
for the three years of funds which are returned to the Authority but would remain
eligible for subsequent fund allocations in future years. However, a jurisdiction which
exceeds its three-year Trip Budget by no more than 10 afternoon peak hour trips or Sb of
its annual Trip Budget, whichever is smaller, may apply to the Countywide Planning
Agency for a variance from the three-year Trip Budget. The Agency's decision whether
or not to grant the variance shall be based on specified findings.
IOI:ExhibitB 2