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Full Text of Condition 9 (Traffic)

9. Traffic Condition (Replaces Parking Program Condition #16 of 90-CP-096). Average Daily Trips on Cold Spring Road.

A. Install permanent counters. Prior to commencement of construction for Phase 1, Westmont College shall install a permanent system approved by County Public Works for measuring daily traffic trips on Cold Spring Road (CSR) in the vicinity of the Westmont College campus for the purpose of counting motor vehicle trips. Counts shall be taken for traffic trips in both directions on Cold Spring Road at a point “above” and a point “below” the campus entrances – specifically, at “Point 1” (a point south of where the new Cold Spring Road entrance to the Westmont College campus will be) and at “Point 2” (a point on Cold Spring Road immediately above its intersection with La Paz Road). Every three months, Westmont shall confirm the functional integrity of the traffic counters and report such findings to the County.

B. Count Westmont Trips on CSR. “Westmont’s CSR Daily Trips” (Westmont’s Cold Spring Road daily trips) shall be calculated as follows: [total daily trips at Point 1] less [total daily trips at Point 2] less [10 daily trips for each residence not a part of Westmont’s CUP with a main driveway between Point 1 and Point 2][See footnote] . Westmont’s CSR Daily Trips shall be averaged for each day in two annual “Periods” to obtain Westmont’s ADTs (average daily trips) in each such Period, as follows:

1. “Semester Weekdays” (Mondays through Fridays) during the Fall Semester and Spring Semester, beginning on the first class day of the Fall Semester of the academic year and ending on the last day of the Spring Semester of the academic year but excluding all weekdays occurring during Thanksgiving Break, Christmas Break and Spring Break, and

2. “All Other Days,” including all Saturdays and Sundays throughout the entire year, all weekdays of the Thanksgiving Break, all weekdays of the Christmas Break, all weekdays of the Spring Break and all weekdays of the Summer Break, beginning on the first day after the end of the Spring Semester each academic year and ending on the last day of the Spring Semester the next academic year.

The “Traffic Count Year” shall refer to the year-long interval beginning on the first day after the end of the Spring Semester each year and ending on the last day of the Spring Semester of the next year. The Traffic Count Year encompasses both the “Semester Weekdays” Period and the “All Other Days” Period.

C. Reporting.

1. Before May 31 of each year, Westmont College shall file a report with County Planning & Development for the prior Traffic Count Year containing (a) Westmont’s CSR ADTs for Semester Weekdays, and (b) Westmont’s CSR ADTs for All Other Days.

2. At least once each month, Westmont College shall post on its website (a) the raw traffic counts at Points 1 and 2 on Cold Spring Road from which Westmont’s CSR Daily Trips are derived, and (b) Westmont’s CSR ADTs year-to-date as of the end of the prior month for Semester Weekdays and for All Other Days. In addition, Westmont shall provide such information to Planning and Development such that Planning and Development may make a report to the MPC concerning Westmont’s CSR ADTs three times per year (after the end of the Summer Period, and after the end of the Fall and Spring academic semesters), or as often as may be directed by the MPC.

3. If (a) Westmont’s CSR ADTs should exceed the All Other Days ADT Limitation by more than 5% as of the end of the Summer Period (i.e. beginning on the first day of the Traffic Count Year and ending on the day before the first day of the Fall Semester), or (b) Westmont’s CSR ADTs should exceed either ADT Limitation by more than 5% through the end of the Fall Semester, then a MPC hearing shall be held at which Westmont shall report what measures it intends to take to reduce Westmont’s CSR ADTs to meet the applicable ADT Limitation before the end of the current Traffic Count Year. The MPC may require additional remedial measures be implemented by Westmont, as are reasonable and may be feasibly implemented, to reduce traffic such that the annual CSR ADTs will not exceed either ADT Limitation by the end of the then-current Traffic Count Year.

4. If Westmont’s CSR ADTs exceed either ADT Limitation during the prior Traffic Count Year, then a MPC hearing shall be scheduled at which Westmont College shall report what measures it intends to take to reduce Westmont’s CSR ADTs below the ADT Limitation in the then-current Traffic Count Year, and during which the MPC shall exercise its powers set forth in “Penalties for Exceeding ADT Limits,” below.

5. If traffic counts at Point 2 ever reach an abnormally high level (more than 2% per year accounting for reasonable growth in accordance with area trends - the 2005 count at that location was approximately 700 ADTs) indicating the potential that Westmont-generated traffic is using Mountain Drive and CSR from the north rather than the typical route from the south, then Planning and Development and the Montecito Planning Commission shall review the information and determine if any changes need to be made to the traffic condition in order to ensure traffic follows normal traffic patterns.

6. If a flaw in data collection is found, the MPC shall have the discretion to impose alternative traffic count methodologies or counting locations in order to ensure ADTs on Cold Spring Road are accurately recorded and monitored.

D. Limitations on Westmont’s ADTs on CSR. The Limitations for Westmont’s CSR ADTs are as follows:

Type of Annual Period
Westmont’s CSR ADT Limitation
Westmont’s CSR ADT Limitation During Construction Phase
Semester Weekdays
(approx. 157 days/year)
3,418* - 2007
3,718*
3,458*1 – Beginning 2010/2011 Traffic Count Year
3,758*1
3,500*2 – Beginning 2011/2012 Traffic Count Year
3,800*2
All Other Days
(approx. 208 days/year)
2,500*
2,650*

* When there is construction of a Master Plan phase for only a portion of a reporting period, then the applicable ADT Limitations shall be weighted averages based on the number of days of construction and non-construction in the period.

1 This increase in ADTs shall only be authorized if Westmont College obtains occupancy clearances for all buildings scheduled to be completed by the end of the 2010 Spring semester (i.e. Adams Center, Central Plant, and Observatory). If occupancy clearances have not been obtained, the increase in ADTs shall not be authorized until the beginning of the Traffic Count Year immediately following receipt of all applicable occupancy clearances.

2 This increase in ADTs shall only be authorized if Westmont College obtains occupancy clearances for all buildings included as part of Phase I development. If occupancy clearances have not been obtained, the increase in ADTs shall not be authorized until the beginning of the next Traffic Count Year immediately following the receipt of all occupancy clearances for Phase I.

E. Minimum Time Periods for Achieving ADT Limitations to Qualify for Approval of Land Use Permits for Master Plan Buildout:

Westmont shall not qualify for a Land Use Permit for construction of all or any portion of a Phase of Master Plan Buildout unless (a) Westmont’s CSR ADTs are below the applicable ADT Limitations for the two Traffic Count Years preceding approval of the Land Use Permit, or (b) the entire period of the implementation of the CSR trip counts if less than two Traffic Count Years until 10 days before the application for such Land Use Permit.

F. Penalties for Exceeding ADT Limits.

1. If Westmont’s CSR ADTs exceed either ADT Limitation in any Traffic Count Year then the following penalties, affecting both Master Plan Buildout and College operations, shall be automatic:

a. An additional year shall be added to the applicable Quiet Period between Construction Phases (i.e. the then-current Quiet Period if the exceedence occurs during a Quiet Period or the next Quiet Period if the exceedence occurs during a Construction Phase). This penalty shall be cumulative if there are exceedences in more than one year.

b. Temporary institution (time frame subject to MPC’s discretion) of a Transportation Demand Management Program in addition to those programs already in effect and/or intensification of existing programs, resulting in at least 30% of the college’s employees participating in alternative transportation such as walking, biking, vanpooling, or an offsite parking and shuttling service.

2. In addition to the automatic penalties above, if Westmont’s CSR ADTs exceed either ADT Limitation twice within any two Traffic Count Years or three times within any five Traffic Count Years, then a public hearing shall be held by the Montecito Planning Commission at which the Montecito Planning Commission shall have the discretion to impose penalties including but not limited to the following:

a. Temporary limitation (time frame subject to the MPC’s discretion) on the total number of employees and contract workers who are permitted to drive to the Westmont College campus; and/or

b. Temporary limitation (time frame subject to the MPC’s discretion) on the number of parking permits issued for the Westmont College campus; and/or

c. Temporary (time frame subject to the MPC’s discretion) mandatory transportation demand management program in addition to those already in effect and/or intensification of existing programs, resulting in additional employees participating in alternative transportation such as walking, biking, vanpooling, or an off-site parking and shuttling service; and/or

d. Temporary limit (time frame subject to the MPC’s discretion) on the number of special events; and/or

e. Any other requirements that would function to limit college-generated vehicular traffic along Cold Spring Road.

The extent of such actions by the Montecito Planning Commission shall be commensurate with the extent to which the applicable ADT Limitations are exceeded during such Periods.

[Footnote from Section B above] - The calculation of Westmont’s CSR Daily Trips is based on the assumption that each residence with a main driveway between the count points that is not part of Westmont’s CUP generates typical residential daily trips [10 average daily trips]. Should circumstances change such that the average daily trips generated by these residences significantly exceed 10 (e.g., as a result of special events or other uses that change the normal residential use anticipated), then the efficacy of the trip counting method shall be revisited by Westmont, County P&D and the MPC to make any appropriate adjustments to ensure accurate counts of Westmont generated average daily trips on CSR.