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HomeMy WebLinkAbout2020-57 - Amending City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act) to Include a Vehicles Miles Traveled Methodology to Comply With Senate Bill 743RESOLUTION NO. 2020-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CITY COUNCIL POLICY K-3 (IMPLEMENTATION PROCEDURES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) TO INCLUDE A VEHICLES MILES TRAVELED METHODOLOGY TO COMPLY WITH SENATE BILL 743 WHEREAS, the City of Newport Beach ("City") is governed by the Charter of the City of Newport Beach, Newport Beach Municipal Code, and Council Policies; WHEREAS, City Council Policy K-3 (Implementation Procedures For The California Environmental Quality Act) outlines implementation procedures intended to satisfy the requirements of the California Environmental Quality Act set forth in California Public Resources Code Section 21000 et. seq. ("CEQA") and the CEQA Guidelines set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"); WHEREAS, the State of California Legislature passed and Governor Brown executed Senate Bill 743, which modifies the traffic impact analysis for projects analyzed under CEQA from automobile level of service ("LOS") to a new metric referred to as vehicle miles traveled ("VMT"); WHEREAS, the City has developed criteria for analyzing traffic impacts under the VMT methodology, for projects that are subject to CEQA, including screening criteria, thresholds of significance, and potential mitigation measures; WHEREAS, on May 7, 2020, the Planning Commission recommended City Council approval of the proposed amendment to City Council Policy K-3 by a majority vote (6 ayes, 1 absent, 0 noes); WHEREAS, a public hearing was held by the City Council on June 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Section 15064.7 of the CEQA Guidelines. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; and WHEREAS, the City Council desires to amend City Council Policy K-3 to adopt a VMT methodology, applicable to Newport Beach, in compliance with SB 743. Resolution No. 2020-57 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends City Council Policy K-3 (Implementation Procedures For The California Environmental Quality Act) as provided in Exhibit A, attached hereto and incorporated by reference. Section 2: All prior versions of City Council Policy K-3 that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: The recitals provided in this resolution are true and correct and incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council finds the adoption of this resolution and the amendment to City Council Policy K-3 is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, the amendment to City Council Policy K-3 is categorically exempt pursuant to Sections 15307 (actions by regulatory agencies for protection of natural resources) and 15308 (actions by regulatory agencies for the protection of the environment). The proposed amendment was initiated to comply with Senate Bill 743 which is intended to reduce greenhouse gas emissions by mandating transportation analysis under CEQA as analyzed based upon vehicle miles traveled. Resolution No. 2020-57 Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 9th day of June, 2020. ATTEST: E��..L�rrv►Leilani 1. BrownCity Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AdroA C. Harp City Attorney Will O'Neill Mayor Attachment: City Council Policy K-3 (Implementation Procedures For The California Environmental Quality Act) V IMPLEMENTATION PROCEDURES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Intent. K-3 The intent of this policy statement is to protect the environment of the City of Newport Beach, to comply with the California Environmental Quality Act ("CEQA"), and to implement the basic principles, objectives, and criteria contained in the Guidelines adopted by the Secretary for Resources pursuant to the provisions of CEQA, as amended. These implementation procedures are intended to satisfy the requirements of Section 15022 of the CEQA Guidelines, or any successor guideline, and are designed to be used in conjunction with the CEQA statutes and Guidelines. In the event that any provision of this policy is found to be inconsistent with CEQA, the Guidelines or case law, this policy shall be revised to comply with applicable law. B. Definitions. As used in this policy statement, the following definitions shall apply: 1. California Environmental Quality Act (CEQA) means Public Resources Code, Sections 21000 et seq., or any successor statutes. 2. CEQA Guidelines means the "Guidelines for Implementation of the California Environmental Quality Act", prepared by the Secretary for Resources. 3. Community Development Director means the Community Development Director for the City of Newport Beach or his/her designee. 4. Decision Making -Body means the officer or body that has the authority to review and approve a project or application under Titles 20 and/or 21 of the Newport Beach Municipal Code, including, but not limited to, the Community Development Director, Zoning Administrator, Hearing Officer, Planning Commission, and City Council. 5. All definitions contained in CEQA and the Guidelines shall also apply to this policy statement. K-3 C. General Policies. The following general policies shall apply: 1. The City, in implementing the requirements of CEQA, shall, wherever possible, integrate these procedures into the existing planning and review procedures of the City. 2. In reviewing and assessing the significance of environmental impacts, the City shall be guided by the applicable General Plan and Local Coastal Program policies and standards. D. Environmental Determinations. 1. Activities Not Subiect to CEQA. This policy statement shall apply only to activities that are subject to CEQA. Activities that are not "Projects" as defined in Guidelines Section 15378, or any successor guideline, and activities that are "Ministerial" as defined in Guidelines Section 15369, or any successor guideline, are not subject to CEQA or this policy statement. Examples of City activities that are not normally subject to CEQA include but are not limited to, the following: Business licenses Parking permits Sign permits Demolition permits Grading permits Building permits Final subdivision maps Certificates of use and occupancy Approvals in Concept for Coastal Commission Exceptions. There may be instances where unusual circumstances cause one of these activities to be considered a discretionary action subject to CEQA. Examples include, but are not limited to, the following: 2 K-3 a. Any building permit or grading permit application or other action which is normally considered ministerial but due to special circumstances is determined to have the potential to cause a significant effect on the environment. Examples may include the following: Work in an area of unusual erosion potential or ground instability Work affecting scenic or sensitive biological resources An activity that may generate substantial public health impacts, such as noise, odors, or toxic materials b. Any building or grading permit in a sensitive area for which no prior CEQA review has occurred and no discretionary permit (e.g., use permit, site plan review) is required. Determination. The Community Development Director shall make a recommendation regarding the applicability of CEQA to the Decision - Making Body. The Decision -Making Body charged with reviewing a project or application under Titles 20 and/or 21 of the Newport Beach Municipal Code shall have the final authority to determine whether an activity is subject to CEQA. Action by the Decision -Making Body. No findings or discussion of CEQA compliance shall be required for activities that the Decision -Making Body has determined not to be subject to CEQA. 2. Proiects that are Exempt from CEQA. CEQA and the Guidelines provide that the following types of projects are exempt from the requirement to prepare an Initial Study unless there are special circumstances that could result in significant environmental effects. a. Statutory Exemptions. Activities that qualify for a statutory exemption as provided under Sections 15260 et seq. of the Guidelines or any successor guidelines, do not require further environmental review. 3 K-3 b. Categorical Exemptions. The various classes of categorical exemptions are contained in Sections 15300 et seq. of the Guidelines, or any successor guidelines. The discussion of exceptions contained in Section 15300.2, or any successor guideline, shall apply particularly to projects and activities that would affect the shoreline, bluffs, wetlands, public views and other sensitive environmental resources. The Decision -Making Body shall have the authority to interpret the applicability of Categorical Exemptions to particular projects, including City -sponsored activities (e.g., Zoning Code amendments, assessment districts, construction and maintenance of utilities) and privately - initiated applications. C. "General Rule" Exemptions. During the preliminary review of an application, each discretionary project that is not covered under a statutory or categorical exemption shall be evaluated to determine whether it qualifies for an exemption under the general rule contained in Section 15061(b)(3) of the Guidelines, or any successor guideline, which states, 'Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The Guidelines further encourage agencies to adopt a list of project types that would qualify for the general rule exemption. Project types which qualify for this exemption include, but are not limited to: Minor changes to the Municipal Code which donot authorize physical development. ii. Minor changes to public infrastructure such as installing trees, replacing or upgrading streetlights, traffic signals, etc.; and other public improvements of a minor nature. iii. Administrative City actions such as budget amendments, professional services agreements, etc. which do not involve projects which affect the physical environment. Determination. When the Community Development Department is not the Decision - Making Body, the Community Development Director shall make a recommendation regarding the applicability of CEQA to the Decision -Making Body. The Decision - Making Body charged with reviewing a project or application under Titles 20 and 21 of the Newport Beach Municipal Code shall have the authority to determine the applicability of exemptions for all public and privately -initiated projects. 4 M1 Notice of Exemption. After approval of a project that was found to be exempt, the Community Development Director may prepare and file a Notice of Exemption as provided under Section 15062 of the Guidelines, or any successor guideline. 3. Initial Studies. If a project is subject to CEQA and is not exempt under one of the provisions listed under Section D.2, the Community Development Director shall conduct an Initial Study according to the requirements contained in Section 15063 of the Guidelines, or any successor guideline. Where it is determined that consultant assistance is required to complete the Initial Study, the procedural requirements contained in Section E shall apply. Applicant's Responsibilities. The applicant shall submit all information determined by the Community Development Director to be necessary for the preparation of the Initial Study. In addition, when consultant assistance is required the applicant shall be responsible for all costs as provided under Sections E and F. Determining Significant Effects. In determining whether a project may have a significant effect the City will generally follow the guidance contained in Section 15064 and Appendix G of the Guidelines, or any successor guideline or appendix. In addition, the following shall be considered in determining whether a project may have asignificant impact, in view of the particular character and beauty of Newport Beach: a. A substantial change in the character of an area by a difference in use, size or configuration is created. b. Substantial grading, excavating or other alteration to the natural topography. C. Substantial alteration of the shoreline or waters of the bay or ocean either directly or indirectly. Determination. The Community Development Director shall make a recommendation regarding the applicability of CEQA to the Decision -Making Body. On the basis of the information and analysis contained in the Initial Study, the Decision -Making Body shall determine whether a Negative Declaration or EIR should be prepared, as provided by Section 15063(b) of the Guidelines, or any successor guideline. 5 K-3 4. Negative Declarations. As provided in Section 15070 of the Guidelines, or any successor guideline, the Community Development Director shall prepare a proposed Negative Declaration for a project subject to CEQA when either: a. The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment; or b. The Initial Study identifies potentially significant effects, but: i. Revisions in the project made by or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and ii. There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. Notice and Posting of a Proposed Negative Declaration. The Community Development Director shall provide notice of a Negative Declaration as required by Section 15072 of the Guidelines, or any successor guideline. Action by the Decision -Making Body. Prior to approval of any project for which a Negative Declaration was prepared, the Decision -Making Body shall adopt the Negative Declaration prepared by the Community Development Director. Additionally, prior to approval of any project for which a Negative Declaration was prepared, appropriate findings shall be prepared by the Community Development Director for consideration by the Decision -Making Body. The Decision -Making Body shall approve or modify, or disprove the findings prepared by the Community Development Director. The Decision -Making Body may also take no action or not adopt the Negative Declaration. Notice of Determination. Within 5 working days following the Decision- Making Body's approval of a project for which a Negative Declaration was prepared, the Community Development Director shall prepare and file a Notice of Determination as provided under Section 15075 of the Guidelines, or any successor guideline. D K-3 5. Environmental Impact Renorts. If the Initial Study shows that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the Community Director shall either have prepared a Draft EIR or use a previously certified EIR which adequately analyzes the project. Applicant's Responsibilities. The applicant shall submit all information determined by the Community Development Director to be necessary for the preparation of the EIR. In addition, when consultant assistance is required, the applicant shall be responsible for all costs as provided under Sections E and F, below. Consultant Assistance/Legal Counsel. If consultant assistance or legal counsel is required in the preparation of a Draft EIR, the procedures contained in Section E, below, shall be followed. Notice of Preparation. The Community Development Director shall prepare and distribute a Notice of Preparation as provided by Section 15082 of the Guidelines, or any successor guideline. Screencheck Draft EIR. If a consultant is retained to assist the City in preparing a Draft EIR, the Community Development Director may require the consultant to submit one or more screencheck drafts for review prior to finalizing the Draft EIR for publication. Notice of Completion of a Draft EIR. The Community Development Director shall prepare and distribute a Notice of Completion as provided by Section 15085 of the Guidelines, or any successor guideline. Final EIR. After completion of the Draft EIR public review period the Community Development Director shall prepare a Final EIR as provided by Section 15089 of the Guidelines, or any successor guideline. 7 K-3 Action by the Decision -Making Body Prior to approval of any project for which an EIR was prepared, the Final EIR shall be certified as provided by Guidelines Section 15090 and appropriate findings as required by Sections 15091, 15092 and 15093, or any successor guidelines, shall be prepared by the Community Development Director for consideration by the Decision -Making Body. The Decision -Making Body shall modify, certify, or disprove any EIR prepared by the Community Development Director. Additionally, prior to approval of any project for which an EIR was prepared, the Decision -Making Body shall approve or modify the findings prepared by the Community Development Director. The Decision -Making Body may certify an EIR and deny the underlying the project. Notice of Determination. Within five working days following the Decision- Making Body's approval of a project for which an EIR was prepared, the Community Development Director shall prepare and file a Notice of Determination as provided under Section 15075 of the Guidelines, or any successor guideline. E. Consultant/Outside Legal Counsel Assistance. When the Community Development Director determines that consultant assistance or outside legal counsel is required for the preparation of an Initial Study, Negative Declaration or EIR, the following procedures shall be followed: 1. Consultant List. The Community Development Director shall maintain a list of consultants having a sufficient variety of expertise to assist in the preparation of Initial Studies, Negative Declarations, or EIRs when required. 2. Consultant/Outside Legal Counsel Selection. When outside assistance is required, a consultant shall be selected by the Community Development Director from the City's consultant list based on the nature of the project and the expertise of the consultant. If it is determined by the Community Development Director or requested by the applicant that proposals should be solicited from more than one consultant, the Community Development Director shall prepare and distribute a Request for Qualifications (RFQ) or Request for Proposals (RFP). Following receipt of proposals or statements of qualifications, the Community Development Director shall evaluate the submittals and select the best -qualified consultant to assist in the preparation of the EIR. The applicant may submit recommendations regarding the selection of a consultant, but the final decision regarding consultant selection shall be made by the Community Development Director. When outside legal counsel is required, the City Attorney may select legal counsel based on the nature of the project and the expertise of the attorney. 8 K-3 3. Scone of Work and Budget After a consultant or outside legal counsel has been selected, a detailed scope of work and budget shall be prepared by the consultant and the Community Development Director and/or the City Attorney, as applicable. 4. Contract Approval and Administration. The proposed scope of work and budget shall be submitted to the applicant for approval. If the proposal is acceptable, the applicant shall submit a deposit to cover the consultant or legal costs plus reasonable City administrative expenses. The consultant or legal counsel shall not be authorized to commence work until such deposit is received from the applicant. The amount of the deposit will normally be the total project budget; however, for large projects the deposit may be made in two or more payments subject to approval by the Community Development Director. After receipt of the applicant's deposit the Community Development Director or City Attorney shall prepare and execute a contract for consultant services in a form meeting the approval of the City Attorney, and shall administer the contract through project completion. At the conclusion of the project, any unused deposit shall be returned to the applicant. F. Fees. The preparation of an Initial Study, Negative Declaration, or EIR shall be subject to the following fees: 1. For Initial Studies and Negative Declarations prepared by the Community Development Director without consultant assistance, a reasonable fee shall be collected as established by resolution of the City Council as part of the Community Development Department's Schedule of Rents, Fines and Fees. 2. For Initial Studies, Negative Declarations, and EIRs prepared with consultant or outside legal counsel assistance, there will be a City fee as required by the Schedule of Rents, Fines and Fees. 3. No future applications shall be accepted from any applicant, and no permits or entitlements shall be approved or issued until all prior indebtedness to the City incurred under this section by such applicants has been paid in full. 6 K-3 4. The amount of any applicable fee shall become an obligation of the applicant to the City whether or not the permit or entitlement is issued, or whether or not the applicant exercises the right to obtain the permit or entitlement. Such fees accrue and become payable when the City gives notice to the applicant of the amount of such fees. This liability shall be enforceable in any court of competent jurisdiction. In the event suit is filed by the City, in addition to the amount of the fee, applicant shall indemnify the City as required by Section 1.07.030 of the Newport Beach Municipal Code and pay the City's reasonable attorney's fees. G. Authority of the Community Development Director. The Community Development Director shall have authority for the interpretation of CEQA, the Guidelines, and this policy statement as they may affect any particular activity or project, including private development projects and City public works projects. In addition, the Community Development Director shall have authority for the following actions: 1. Making recommendations as to whether activities are subject to CEQA. 2. Making recommendations regarding the applicability of Categorical, Statutory and "General Rule" Exemptions for consideration by the Decision - Making Body. 3. Preparing Initial Studies for projects that are not exempt from CEQA. 4. Preparing, posting, and distributing Notices of Preparation, Exemption, Completion, and Determination; Negative Declarations;, and Environmental Impact Reports for City -sponsored projects and projects for which the City has approval authority as Lead Agency. Preparing responses to comments on Negative Declarations and EIRs, and preparing draft findings, resolutions, and mitigation monitoring programs for consideration by the Decision -Making Body. 1101 K-3 6. Making recommendations to the Decision -Making Body regarding the requirements of CEQA or the adequacy of environmental documents. 7. Developing administrative procedures for implementation of CEQA and these policies. 8. Reviewing and commenting on Negative Declarations, Notices of Preparation, Draft EIRs, or other environmental documents prepared by other lead agencies. H. Vehicle Miles Traveled (VMT) Analysis Methodology. 1. Introduction. This Section H establishes the framework for analyzing transportation/traffic impacts under vehicle miles traveled (VMT) in accordance with Senate Bill 743. The City's VMT analysis methodology is supplemented by the City SB 743 VMT Implementation Guide dated April 6, 2020, the General Plan, Coastal Land Use Plan and Newport Beach Municipal Code and any policies adopted by the Community Development Director. 2. Project Screening. A Land Use Project and/or Transportation Project that meet one or more of the criteria provided in Subsection (2)(a) and or (2)(b) below are considered to have a less than significant impact on transportation/traffic and no further VMT analysis is required. a. Land Use Project Screening. For Land Use Projects, the screening criteria includes: i. The Land Use Project is located within 0.5 mile of an existing Major Transit Stop or a High Quality Transit Corridor unless the Land Use Project is inconsistent with the Regional Transportation Plan/Sustainable Transportation Communities plan, has a floor area ratio (FAR) of less than 0.75, provides parking in excess of the Newport Beach Municipal Code requirements, or reduces the number of affordable residential units. 11 K-3 ii. The Land Use Project is located in areas with lower than 85 percent of the countywide average VMT per capita trips for residential projects. or lower than 85 percent of the countywide average VMT per employee for office or other employee -based Land Use Projects average. See Figures 2 and 3 of the City SB 743 VMT Implementation Guide. iii. Locally serving retail space of less than 50,000 square feet. iv. The Land Use Project has a high level of affordable housing units, as determined by the Community Development Department. V. The Land Use Project generates a net increase of 300 or less daily trips, utilizing the most current Institute of Transportation Engineers (ITE) Trip Generation Manual. Credit may apply for existing uses generating traffic on the site, as outlined in Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code. vi. Institutional/Government and public service uses including, but not limited to, police stations, fire stations, community centers, and refuse centers. b. Transportation Proiect Screening. For Transportation Projects, the screening criteria includes: i. Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation assets and that do not add motor vehicle capacity. ii. Roadside safety devices or hardware such as median barriers or guardrails. Roadway shoulder enhancements to provide breakdown space, dedicated space for use only by transit vehicles, to provide bicycle access, or to otherwise improve safety so long as the shoulder enhancements do not function as automobile travel lanes. iv. Addition of an auxiliary lane of less than 1 mile in length designed to improve roadway safety. 12 K-3 V. Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left-, right-, and U-turn pockets, two-way left -turn lanes, or emergency breakdown lanes that are not utilized as through lanes. vi. Addition of roadway capacity on local or collector streets, provided the transportation project also substantially improves conditions for pedestrians, cyclists, and if applicable, transit. vii. Conversion of existing general-purpose lanes (including ramps) to managed lanes or transit lanes, or changing lane management in a manner that would not substantially increase vehicle travel. viii. Addition of a new lane that is permanently restricted for use only by transit vehicles. ix. Reduction in the number of through lanes. X. Grade separation to separate vehicles from rail, transit, pedestrians, or bicycles, or to replace a lane to separate preferential vehicles (e.g. high -occupancy vehicles (HOV), high -occupancy toll (HOT) lane traffic, or trucks) from general vehicles. xi. Installation, removal, or reconfiguration of traffic control devices, including Transit Signal Priority features. xii. Installation of traffic metering systems, detection systems, cameras, changeable message signs, and other electronics designed to optimize vehicle, bicycle, or pedestrian flow. xiii. Timing of signals to optimize vehicle, bicycle, or pedestrian flow. xiv. Installation of roundabouts or traffic circles. xv. Installation or reconfiguration of traffic calming devices. xvi. Adoption of, or increase in tolls. xvii. Addition of toll lanes, where tolls are sufficient to mitigate VMT increase. 13 K-3 xviii. Initiation of a new transit service. xix. Conversion of streets from one-way to two-way operation with no net increase in the number of traffic lanes. XX. Removal or relocation of off-street or on -street parking spaces. xxi. Adoption or modification of on -street parking or loading restrictions (including meters, time limits, accessible spaces, and preferential/reserved parking permit programs). xxii. Addition of traffic wayfinding signage. xxiii. Rehabilitation of new or enhanced bike or pedestrian facilities on existing streets/highways or within existing public rights-of-way. xxiv. Addition of Class 1 bike paths, trails, multi -use paths, or other off- road facilities that serve non -motorized travel. xxv. Installation of publicly available alternative fuel/charging infrastructure. xxvi. Passenger rail projects, bus and bus rapid -transit projects, and bicycle and pedestrian infrastructure projects. 3. Significance Thresholds. Land Use Projects and Transportation Projects that do not meet one (1) or more of the criteria identified in Subsection (H)(2) above, will require a more detailed VMT analysis. Impacts are determined based upon the significance thresholds set forth below. a. Sienificance Thresholds for Land Use Proiects., Lands Use Projects that meet the following criteria are considered to have a significant impact on transportation/traffic: i. Residential projects with VMT exceeding 15 percent below the existing County average VMT per capita. ii. Office projects with VMT exceeding 15 percent below the existing County average VMT per employee. 14 K-3 Retail projects with any net increase in total VMT as a result of the Land Use Project. iv. For other uses, any net increase in VMT per capita or per employee for uses that are consistent with the General Plan. V. For any Land Use Projects with VMT exceeding 15 percent below the existing County average VMT per capita or per employee that require an amendment to the General Plan. For other land uses not specified in the OPR guidance, the metric most applicable to the predominant trip generating variable for that use shall apply. For example, hospitality uses would be VMT per employee, industrial uses would also be VMT per employee. Where there are uses that have multiple trip purposes, the total service rate (per capita and per employee) may be used. For mixed-use projects, the VMT should be evaluated for each component of the project independently. If the mixed-use project includes 50,000 square feet or less of local serving retail use, then that portion of the project shall be exempt from further VMT analysis. b. Sienificance Thresholds for Transportation Projects. The City shall consider the effects of transportation projects on vehicle travel. Projects that lead to additional vehicle travel are referred to as "induced vehicle travel" and would be required to analyze the growth impacts under CEQA. The addition of new through lanes on an existing roadway would be a typical project that could induce a VMT impact. For transportation projects on the State highway system, Caltrans will use and will require the City to use VMT as the CEQA metric. An assessment of a transportation project's VMT should disclose the VMT without the transportation project, and the VMT with the project. Any growth in VMT attributable to the transportation project would result in a significant impact. 4. Land Use Proie� ct Application Review Process In addition to the application submittal requirements set forth in the Newport Beach Municipal Code or by the Community Development Director, an application for a Land Use Project shall include the following: 15 K-3 a. As part of the application submittal, the applicant shall submit a full and complete project description including the intensity/density of the project, proposed parking supply, number of affordable housing units (if residential) or any other project features that may affect trip generation, VMT generation, project access, and alternate modes of travel. b. Once the application has been filed, project screening will be conducted as the first step of analysis. Project screening will be completed by City staff and reviewed by the City Traffic Engineer. If the Land Use Project meets any one of the screening criteria set forth in Subsection (11)(2), the Land Use Project is considered to have a less than significant impact on transportation/traffic and no further VMT analysis is required. The CEQA document shall enumerate the screening criterion, and how the project meets or does not meet the criteria. C. If the Land Use Project does not meet one or more of the criteria set forth in Subsection (H)(2)(a), a detailed VMT analysis will be required. For residential projects, the VMT per capita rate shall be calculated. For commercial office projects, the VMT per employee rate shall be calculated. For a retail project, the total VMT shall be calculated. For mixed-use projects, the VMT per land use shall be calculated. Credit for internal trip capture can be applied for mixed-use projects. d. For Land Use Projects with a trip generation rate of between 300 and 1,000 net trips per day, or those with one predominant land use, the determination of project VMT may be calculated manually as the product of the daily trip generation (land use density/intensity multiplied by the City -approved trip generation rate) and the trip length in miles for the specified land use. Trip lengths can be found in California Emissions Estimator Model (CalEEMod) or derived from the Newport Beach Traffic Analysis Model (NBTAM). e. For large or mixed-use projects, use of the NBTAM traffic forecasting model shall be required. For purposes of City review, a Land Use Project generating 1,000 average daily trips (ADT) or more should use the NBTAM model to calculate the project VMT rates. L K-3 f. The project -generated VMT per capita for residential projects, VMT per employee for office projects, or total VMT for retail projects shall be compared to the City Thresholds outlined previously. If the calculated VMT metrics exceed the City Threshold, the project has a significant impact and mitigation measures are required. If the project VMT metrics are less than the City Thresholds, the project has less than significant impacts. 5. Mitipation Measures When the detailed VMT analysis indicates that a project has a significant impact, feasible mitigation measures to avoid or reduce the impact created by the project shall be identified. The mitigation measures can come from strategies outlined in the SB 743 Implementation Guide. The City will decide what is feasible mitigation for the project, and the related VMT percent reduction. If the mitigation measures fully mitigate the transportation/traffic impact(s), the project is presumed to have an impact mitigated to a less than significant level. No further analysis is required. If the project's VMT impact cannot be fully mitigated, the City may (a) request the project be re -designed, relocated or realigned to reduce the VMT impact, or (b) prepare a Statement of Overriding Considerations (SOC) for the transportation/traffic impacts associated with the project. All feasible mitigation measures must be assigned to and carried out by the project even if a SOC is prepared. 6. Traffic Phasinp, Ordinance (TPO) Analysis In addition to the CEQA-level VMT analysis, all non -transportation projects generating 300 or more daily trips shall require a level -of -service (LOS) analysis of transportation impacts consistent with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code. Adopted K-3 - 5-8-1972 ("Environmental Action Reports to the City Council") Adopted K-3 - 3-26-1973 ("Implementation of the California Environmental Quality Act") Amended K-3 - 7-23-1973 Amended K-3 - 9-10-1973 Amended K-3 - 5-13-1974 Amended K-3 - 6-10-1974 Amended K-3 -10-15-1974 Amended K-3 - 5-27-1975 17 Amended K-3 - 5-10-1976 Amended K-3 - 5-23-1977 Amended K-3 - 8-8-1977 Amended K-3 - 5-22-1978 Amended K-3 - 6-25-1979 Amended K-3 - 6-9-1980 Amended K-3 -1-26-1987 Amended K-3 -10-26-1987 Amended K-3 - 11-27-1989 Amended K-3-1-24-994 Amended K-3 - 3-22-1999 Amended K-3 - 4-13-2004 Amended K-3 - 9-27-2011 Amended K-3 - 5-12-2015 Amended K-3 - 8-8-2017 Amended K-3 - 6-9-2020 K-3 18 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2020-57, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 91h day of June, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of June, 2020. 0U , Leilani I. Brown City Clerk Newport Beach, California `qMeup,K +. d. `