2009-12-04 TSUGAI - Laserfiche WebLink

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many trips that would generate. And if it’s over 50 peak hour trips then it would trigger the traffic study. IWASHITA: I guess what I, if I’m the owner, if this goes through this way and then I come up with a proposal and I don’t want to do a TIAR, they’re going to fashion something they can argue no, it’s not going to require 50 peak hour trips. And is that something that is solely determined by the Department administratively or is there something that is based on what’s submitted and has to be -? COTTLE: It’s determined by the Department. When plans come in we look at what’s called the Trip Generation Handbook. It’s created by the Institute of Transportation Engineers and it has various rates based upon the size of, say, an office or the number of dwellings proposed. So it’s a standard used by Transportation Engineers to determine whether a certain type of use would create over 50 trips. IWASHITA: So if you wanted to put in a convenience store then that would -? COTTLE: That would trigger a traffic study. IWASHITA: Okay. I guess I would like it clearer that this determination is solely within the, you know, the Department’s authority, that there’s no way to question it. I’d like it -. Cause this is, you know, to me there can be an argument. I mean even if you have standards, right? I would suggest, you know, that some language be added that it’s a matter to be determined solely by the Department, can’t be disputed by the owner. COTTLE: Okay. We kind of worded the condition this way because if you look at the concurrency requirements in the Zoning Code for change of zone requests, 50 peak hour trips is the standard that’s used to trigger a traffic study. And that language in the Zoning Code actually refers to the Trip Generation Handbook; and it says that that should be used as the guide to determine whether a traffic study is required. So it’s kind of a practice within the Department to refer to that book. IWASHITA: Yeah, I understand the process the way you explained it. I guess what’s, because we’re making, if this is granted, right, then basically, you know, a convenience store is an allowed use. And if the owner comes in there later and says, you know, I don’t want to do this office, I’m going to do a convenience store or some small, you know, whatever, and try and get around, try and make an argument to get around the TIAR, I want this line. Because it’s a triggering device, right, language.So I really would like it clear that it’s the owner cannot argue that a determination by the Department that it’s 50 peak hour trips is somehow arbitrary or create some way to try and dispute it. I understand the intent. It’s just to me, this is not clear enough, you know, that the Department can make that determination and it really can’t be disputed by the owner based on any submitted plans. WOODWARD: Thank you, Commissioner Iwashita. If I could just make a request, please, let’s keep these to questions. We’ll get into discussion later. And if there are any other 4 EXHIBIT A