93-036 - Environmental Impact Report for the Main Street Concourse Project

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Transportation Management 88. (23) Expansion of the TDM Program to include Phase II development with a Performance Requirement not to exceed 2,306 a.m. peak-hour trips to/from the project and a maximum annual penalty fee of $200,000. Timing of Implementation/Verification Prior to Phase II building permits; CC&Rs Method of Verification Annual traffic counts of all access points; CC&Rs Responsible Parties Engineering Services Manager, Development Engineering Division; applicant Neighborhood Mitigation 89. (24) Although the RDEIR prepared for the Development concludes that there will be no adverse impact on the adjacent residential neighborhoods commonly known as Parker, Batavia, Northeast, Northwest and Floral Park (the "Neighborhoods"), the Developer and the City acknowledge that existing traffic modeling methodology cannot predict with absolute certainty that there will be no impacts on the Neighborhoods. Accordingly, the Developer agrees as follows: (1) Prior to the issuance of any building permit for the first phase of the Development, the Developer will deposit with the City $20,000, to be used by the City for a traffic study or studies by city staff or by a traffic consultant or consultants selected by the City, which study or studies will: (i) create an "existing conditions database" describing traffic conditions existing in the Neighborhoods after completion of the I-5 Improvements but before initial occupancy of the first phase; (ii) entail average daily trip counts, turning movement counts, speed surveys and license plate surveys, as determined appropriate by the City; and (iii) at the City's election, evaluate the effectiveness and continued need for the traffic control measures implemented as part of the 1-5 Improvements. Any portion of the amount of the said $20,000 deposit which is not expanded for the abovesaid study shall be refunded to the Developer. (2) Prior to the issuance of the first building permit for any nonresidential building in Phase I of the Development, the Developer agrees to deposit with the City $50,000, to be used by the City for an additional traffic study or studies by City staff or by a traffic consultant or consultants selected by the City, which study or studies will identify traffic impacts in the Neighborhoods, if any, attributable to Phase I of the Development. Any portion of the said $50,000 deposit which is not expanded for Phase I traffic s~ lies will be refimded to tbe Developer. 375 JB3/S: 11340001 .MM A-39