HomeMy WebLinkAboutSS3 - Measure S Guidelines•
January 9, 2001
Study Session Item No. SS3
CITY OF NEWPORT BEACH
TO: Mayor & Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: Measure S Guidelines
DATE: January 9, 2001
Introduction
Measure S "encourages" the City Council to adopt guidelines to "implement" the
provisions of the newly enacted Section 423 of the City Charter (Section 423). In general
terms, Section 423 requires voter approval of certain amendments of the Newport Beach
General Plan (amendments). The guidelines must be consistent with the purpose and
intent of Measure S and may be adopted only after public notice and hearing.
Implementing guidelines must be approved by "not less than six affirmative votes of
members of the City Council." Staff has prepared, for Council review and consideration,
the proposed guidelines that accompany this memo. This memo describes the general
principles staff followed in drafting the guidelines and the rationale for various provisions.
General Principles
Staff drafted the proposed guidelines with certain general principles in mind. We believe
that guidelines are generally appropriate only to provide clarity and implementing
procedures. The guidelines must be consistent with the stated purpose and intent of
Measure S and respect the plain meaning of the words in Section 423. Finally, guidelines
are not an appropriate vehicle for making Section 423 more or less effective or more or
less restrictive.
Discussion of Proposed Guidelines
The guidelines consist of two sections — definitions and administration. The following is
an explanation of the rationale for certain provisions in each section
Definitions
The proposed guidelines rely heavily on a multi - volume publication of the Institute
of Transportation Engineers entitled "Trip Generation" (ITE Manual). Measure S
• requires use of the ITE Manual to calculate "peak hour trip generation rates' and
the proposed guidelines use the ITE Manual definitions of key terms in the
measure such as "peak hour trips" and "Floor area." The use of ITE Manual
definitions and terminology will ensure a consistent and fact -based determination
of the "peak hour trips" and "floor area" of each amendment of the General Plan
(amendment). •
The term "peak hour trips" is defined as the "average trip rate for the peak hour of
the adjacent street traffic" multiplied by the quantity of the relevant "unit of
measurement" for land use(s) proposed in the amendment. Rich Edmonston has
suggested this definition because it is the most relevant measurement of traffic
impact and is consistent with our current methodology of analyzing traffic impacts.
The Council could define "peak hour trips' by reference to the "average trip rate of
the generator" — a rate that tends to be somewhat higher than the rate staff is
proposing. In most cases, a non - residential project is likely to reach the "Floor
area" threshold in Section 423 before exceeding the peak hour trip threshold.
The relevant "unit of measurement" for a residential project is a "dwelling unit" and
the relevant unit of measurement for most non - residential uses is "gross floor
area." The calculation of peak hour trips for land uses that don't use dwelling units
or floor area as "units of measurement" (such as hotels, golf courses and marinas)
will be based on the "unit of measurement" specified in the ITE Manual.
The ITE Manual has four (4) "floor area" definitions and uses a different definition
for "shopping centers" (gross leasable area) than office buildings (gross floor area).
The proposed guidelines define floor area in the same manner as the ITE Manual
and clarify that "floor area" is not a factor in deciding if a residential use •
amendment requires voter approval.
The definition of "prior amendment" relates to language in Section 423 that has
been termed the "look back" provision. The "look back" provision requires that
"eighty percent' of the "increases from other amendments affecting the same
neighborhood" that were approved by the City Council in the preceding ten years
be added to the amendment for purposes of determining if voter approval is
required. Staff is proposing to define "prior amendment" as one approved by the
City Council after the effective date of the measure (December 15, 2000) and this
would mean that amendments approved before December 15, 2000 would not be
considered in deciding if an amendment requires voter approval.
Staff is proposing this definition of "prior amendment" for three reasons. First, the
"look back" provision is intended to "make sure that major changes do not escape
scrutiny by being presented piecemeal as a succession of small changes" and "
this protection against "piecemealing" became necessary only after the effective
date. Second, laws typically apply prospectively. Finally, this interpretation is
consistent with another Measure S mandate in that it reduces the potential for a
successful legal challenge.
Some Measure S supporters have suggested that the "look back" provision should
"begin" on the date that the notice of intent to circulate the measure was published •
(July 30, 1999). There is support for this interpretation in Measure S. Measure S
says that it is intended, "to the maximum extent permitted by law", to "apply to all
amendments" approved after the "filing of the Notice of Intent To Circulate
Petition." However, the one amendment (Extended Stay America — GPA 99 -2)
• approved by the City Council after July 30, 1999 was initiated before that date, is
presently under construction (vested) and resulted in a substantial reduction in
peak hour trips. Staff is recommending use of the effective date of Section 423 for
purposes of the "look back" provisions to eliminate any legal issues that could arise
from the application of Measure S to GPA 99 -2 or subsequent amendments
approved in that statistical area.
2. Administration
The Guidelines propose a procedure for determining if voter approval is required of
an amendment approved by the City Council. The procedure is intended to
provide the City Council with all of the information necessary to determine if voter
approval is required of a particular amendment. The process of deciding if voter
approval of an amendment is required by Section 423 should begin after City
Council approval — rather than as part of the approval process — because the City
Council retains discretion relative to the density or intensity of any amendment until
final approval.
Other Possible Guidelines
Staff considered, but did not prepare, guidelines that would address issues that came to
• light during the preparation and discussion of the Planning Center Report (aka Douglas
Report). Staff is not proposing a guideline that would give a credit for amendments that
reduce peak hour trips for purposes of the "look back" provision. Measure S specifically
states that eighty percent of the "increases" resulting from prior amendments is to be
added to the trips and density or intensity of the current amendment. A guideline giving
credit for prior amendments that reduce trips would be consistent with the intent of
Measure S because it might encourage such amendments. However, Staff chose not to
prepare or recommend a guideline giving credit for trip reductions because Measure S
specifically refers to "increases" rather than 'changes" or "adjustments."
Staff considered, but did not prepare, a guideline that would eliminate the need for voter
approval of amendments that — like the amendment processed for the "One Ford Road "
project - reduce peak hour trips but technically constitute a "major amendment" because
they exceed the density or intensity threshold. The "One Ford Road" amendment
substituted 500 dwelling units for more than 1,330,000 square feet of industrial
entitlement and reduced peak hour traffic by 1145 trips. However, a conservative
interpretation of Section 423 would require voter approval of the amendment because of
the "additional" dwelling units.
!Robert Burnham
DRAFT
COUNCIL POLICY A -18
On November 7, 2000, the Newport Beach electorate approved Measure S (Copy of
Measure S accompanies this Policy). Measure S amended the Newport Beach City
Charter by adding 423 to the Newport Beach City Charter. In general terms, Section 423
requires voter approval of certain amendments of the Newport Beach General Plan
(amendment). Measure S "encourages" the City Council to adopt implementing
guidelines that are consistent with its purpose and intent. This Policy constitutes the
guidelines adopted by the City Council pursuant to the authority and procedures specified
in Measure S.
Definitions
The definitions and terms in this Section, when surrounded by quotation marks, are
intended to conform to the definitions in, and terminology of, "Trip Generation" a multi -
volume publication of the Institute of Transportation Engineers (ITE Manual). The ITE
Manual provides an "average trip rate" for hundreds of land uses and is the primary
reference used by transportation professional seeking information on trip generation rates
and related data.
1. The term "peak hour trips" shall mean a number equal to the "average trip •
rate for the peak hour of the adjacent street traffic" multiplied by the quantity of the
relevant "unit of measurement' for the land use(s) for the amendment as approved
by the City Council. In Newport Beach, the peak hour of the adjacent street traffic
is traditionally between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
2. The term "floor area" shall mean whichever of the following four definitions
— "gross floor area ", "gross leasable area ", "gross rentable area" or net "rentable
area" — is specked by the ITE Manual as the "unit of measurement' in expressing
the trip generation rates of the land use(s) proposed by the amendment. In the
event the ITE Manual does not utilize any of the four definitions as a unit of
measurement, the term "floor area" shall mean "gross floor area" as defined in the
ITE Manual.
3. The term "dwelling unit" is defined as specified in the Newport Beach
Municipal Code (Code) and applies only to a residential use.
4. The term "residential use" shall mean any single - family residential use,
and two- family use, any multifamily residential use, any group residential use and
any limited residential care use but does not include a day care facility or a
convalescent facility.
5. The term "non - residential use" shall mean any land use other than a •
residential use that generates any peak hour trips and includes the uses specified
in Sections 20.05.040 (public and semi - public), 20.05.050 (commercial), 20.05.060
(industrial) and 20.05.070 (agriculture) of the Code.
6. The term "prior amendment" shall mean any amendment affecting
• property within the same statistical area as the amendment that was approved by
the City Council after December 15, 2000 and was approved within ten years prior
to the date the City Council approved the amendment. The term prior amendment
excludes any amendment approved by the voters after City Council approval.
7. The term "the amendment" shall mean an amendment that:
(a) was approved by the City Council subsequent to December 15, 2000;
(b) modifies the number of dwelling units, floor area or type of land use
(including any amendment that increases peak hour trips) when compared
to the general plan prior to City Council approval of the amendment; and
(c) is being evaluated pursuant to this Policy to determine if the provisions
of Section 423 require voter approval.
Administration
The following procedure shall be utilized for purposes of determining if the amendment
will require voter approval pursuant to Section 423.
• 1. The Planning Director shall, within five (5) working days after City Council
approval of the amendment prepare a report that contains the following
information:
(a) If the amendment authorizes, or relates to, a residential use, the
maximum number of dwelling units authorized by the general plan for all of
the property that is the subject of the amendment before and after City
Council approval of the amendment.
(b) If the amendment authorizes, or relates to, a non - residential use, the
maximum amount of floor area authorized by the general plan for all of the
property that is the subject of the amendment before and after City Council
approval of the amendment.
(c) If the amendment authorizes, or relates to any non - residential use or
a residential use, the number of peak hour trips that would be generated by
all of the entitlement authorized by the general plan for all the property that
is the subject of the amendment before and after City Council approval of
the amendment. The number of peak hour trips shall be calculated in
accordance with this Policy and the ITE Manual. The Planning Director
shall, after consulting with the Director of Transportation and Development
Services, determine the ITE Manual land use(s) most similar to the land
01 use(s) authorized by the amendment if the ITE Manual does not provide
peak hour trip generation information specific to one or more of the land
use(s) authorized by the amendment. The number of peak hour trips
generated by the amendment shall be determined on the basis of, but shall
not be less than ninety -five percent of, the most similar land use in the ITE
Manual.
(d) A table that identifies the increases in floor area (for non - residential
uses), dwelling units (for residential uses) and peak hour trips (any land
use) resulting from, and the dates of, prior amendments.
(e) A table that calculates eighty percent (80 %) of the increase, if any, in
floor area (non - residential uses), dwelling units (residential uses) and peak
hour trips (all land uses) resulting from all prior amendments.
2. The Planning Director shall submit the report to the City Council within thirty
(30) days after City Council approval of the amendment.
3. The City Council shall review the report and determine if, based on the
report and any other relevant evidence presented, the amendment requires voter
approval pursuant to Section. The City Council shall submit the amendment to the
voters N:
(a) the amendment relates to a non - residential use and authorizes an
increase in floor area for the property that is the subject of the amendment
that exceeds forty thousand (40,000) square feet when compared to
general plan before approval of the amendment; or
(b) the amendment relates to a residential use and authorizes an increase •
in the number of dwelling units for the property that is the subject of the
amendment that exceeds one hundred (100) dwelling units when compared
to the general plan before approval of the amendment; or
(c) the amendment modes the type or amount of residential or non-
residential use specified for the property that is the subject of the
amendment such that the land use(s) authorized. by the general plan after
the amendment generates more than one hundred peak hours trips than
the land use(s) authorized before the amendment.
4. In the event the City Council determines that the amendment requires voter
approval, the City Council shall, within sixty days after the determination that an
election is required, schedule a date for the adoption of a resolution calling an
election on the amendment. The City Council shall, on the date set for adoption of
the resolution, schedule an election on the amendment at the next regular
municipal election (as defined by the Newport Beach Charter) or at a special
election if the applicant for the amendment has entered into a written agreement
with the City to share the costs of the special election.
E
0
Section 423. Protection from Traffic and Densi .
Voter approval is required for any major amendment to the Newport Beach General Plan. A
"major amendment" is one that significantly increases the maximum amount of traffic that
allowed uses could generate, or significantly increases allowed density or intensity.
"Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units
(density), or over 40,000 square feet of floor area (intensity); these thresholds shall apply to the
total of: 1) Increases resulting from the amendment itself, plus 2) Eighty percent of the increases
resulting from other amendments affecting the same neighborhood and adopted within the
preceding ten years. "Other amendments' does not include those approved by the voters.
"Neighborhood" shall mean a Statistical Area as shown in the Land Use Element of the General
Plan, page 89, in effect from 1988 to 1998, and new Statistical Areas created from time to time
for land subsequently annexed to the City.
"Voter approval is required" means that the amendment shall not take effect unless it has been
submitted to the voters and approved by a majority of those voting on it. Any such amendment
shall be submitted to a public vote as a separate and distinct ballot measure notwithstanding its
approval by the city council at the same time as one or more other amendments to the City's
General Plan. The city council shall set any election required by this Section for the municipal
election next following city council approval of the amendment, or, by mutual agreement with
• the applicant for the amendment, may call a special election for this purpose with the cost of the
special election shared by the applicant and the City as they may agree. In any election required
by this Section, the ballot measure shall be worded such that a YES vote approves the
amendment and a NO vote rejects the amendment; any such election in which the ballot measure
is not so worded shall be void and shall have no effect.
This section shall not apply if state or federal law precludes a vote of the voters on the
amendment.
(End of amendment. But the proposed ballot measure also includes the following "Second"
through "Seventh ":)
Second. Purpose. It is the purpose of the amendment to give the voters the power to prevent
Newport Beach from becoming a traffic - congested city, by requiring their approval for any
change to the Citys General Plan that may significantly increase allowed traffic; and also to
make sure that major changes do not escape scrutiny by being presented piecemeal as a
succession of small changes.
Third. Findings. 1. In planning the growth of their city and protecting its quality of life, a
prime concern of the people of Newport Beach is to avoid congestion and gridlock from too
much traffic.
E
2. The General Plan guides growth in the City of Newport Beach by designating land use •
categories for all lands in the City, and providing limits on the allowed density and intensity of
use for each land use category.
3. The General Plan already provides for additional growth in the City; if all development
allowed by the General Plan were to be built, the traffic generated in the City would increase by
about 20 %.
4. The people, whose quality of life is at stake, should have the power to disapprove any
proposed General Plan amendment that may significantly increase traffic congestion beyond that
which could already occur from development under the General Plan.
Fourth. Implementation. 1. It is the intent of the foregoing amendment to the City Charter of
the City of Newport Beach that, to the maximum extent permitted by law, it apply to all
amendments to the General Plan approved by the Newport Beach city council after the time of
filing of the Notice Of Intent To Circulate Petition, provided that it shall not apply to any
amendment for a development project which has obtained a "vested right" as of the effective date
of the foregoing amendment to the City Charter. A "vested right" shall have been obtained if:
(a) The project has received final approval of a vesting tentative map. As to such vesting
tentative maps, however, they shall be exempt only to the extent that development is expressly
authorized in the vesting tentative map itself, or
(b) The project has obtained final approval of a Development Agreement as authorized by •
the California Government Code; or
(c) The following criteria are met with respect to the project:
(i) The project has received a building permit, or where no building permit is required,
its final discretionary approval, and
(ii) Substantial expenditures have been incurred in good faith reliance on the building
permit, or where no building permit is required, the final discretionary approval for the project;
and
(iii) Substantial construction has been performed in good faith reliance on the building
permit, or where no building permit is required, on the final discretionary approval.
Phased projects shall qualify for vested rights exemptions only on a phase by phase basis
consistent with California law.
2. The city council is encouraged to adopt guidelines to implement the foregoing amendment to
the City Charter of the City of Newport Beach following public notice and public hearing,
provided that any such guidelines shall be consistent with the amendment and its purposes and
findings. Any such guidelines shall be adopted by not less than six affirmative votes, and may •
be amended from time to time by not less than six affirmative votes.
• 3. The City shall take all steps necessary to defend vigorously any challenge to the validity of
the foregoing amendment to the City Charter of the City of Newport Beach.
4. Peak hour trip generation rates shall be calculated using the most recent version of the Trip
Generation Manual of the Institute of Transportation Engineers. The city may fine -tune these
rates, but not to less than 95% of the rates in the Manual.
Fifth. Attachment. Attached to this petition is a copy of page 89 of the Land Use Element of
the General Plan, showing the "Statistical Areas" of the City of Newport Beach.
Sixth. Construction. Nothing herein shall be construed to make illegal any lawful use
presently being made of any land or to prohibit the development of any land in accordance with
the provisions of the City's General Plan in force at the time of filing of the Notice of Intent to
Circulate Petition.
Seventh. Severability. If any part of this initiative is declared invalid on its face or as applied
to a particular case, such decision shall not affect the validity of the remaining parts, or their
application to other cases. It is hereby declared that each part of this initiative would have been
adopted irrespective of the fact that any one or more other parts be declared invalid. "Part" is
generic, including but not limited to: Word, clause, phrase, sentence, paragraph, subsection,
section, and provision.
•
Measure S Guidelines
Newport Beach City Council
January 9,1001
Overview of Measure S
• Measure S only applies to General Plan
Amendments ("GPAs'�
• Requires majority voter approval if the
proposed GPA substantia / /yincreasestraffic,
density, or intensity.
• Substantia lly increase =
— more than 100 PEAK HOUR TRIPS or
— more than 100 DWELLING UNITS or
— more than 40,000 SQUARE FEET OF FLOOR AREA
1
HOW TO DEFINE:
ID
EAff HOUR TRIPS
• Options include:
— Use peak hour of the adjacent street (proposed
guidelines)
— Use peak hour of the proposed land use
— Select the higher of the morning or evening peak
hour
Measure S.says 'MAXIMUMAMOUNT OF TR4FFIC -- ;1?;1
General Office Building
Average Vehicle Trip Ends vs 1000 5F gross Floor area
On a weekday, AM Peak Hour
Number of Studies; 216 Average 1000 SF GFA: 223
Directional Distribution: 88% entering, 12% exiting
Trip Generation
per 1000 5F Gross
Floor Area
Average Rate =
1.56
Range of Rates =
0.60-5.98
Std Deviation =
1.40
F
F
Data;Plot & Equation
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2
HOW TO DEFINE:
FLOOR AREA
• Options include:
— Use definition from ITE Manual - choose 1
of 4 definitions depending on type of non- _
residential use
— Use definition of "GROSS FLOOR AREA"
from the NB Municipal Code
— Use definition of "NET FLOOR AREA" from
the NB Municipal Code
3
Trip Generation Factors for
Peak Hour Traffic
_ Peak Hr of
Peak Hr of
. Street Traffic
Generator
ITE Code
Land Use Unit AM PM
AM
PM
720
Malical/Dental Office 10oosf 2.43 3.66 l
3.6
_4.36
`
_ _
(Gross floor area) _ _
820
Stopping Center 1000 sf ._ _ 1.03 _ 3.741.
WA-
WA
(Gross leasable area)
. 710
General Office 1000 sf ; 1.56 1.49,
1.56
1.49
_
(Gross floor area)
310
Hotel Room _ 0.67 0.71
0.64
0.74
110
GeneralLght Industrial 1000 sf . ..,0.92 0.98
1.01
1.08
— _ .,(Gross
_
Floor area). _
_
Single Family Detached D.P. 1.01
1.02
_ _ __210
_ ___.. _0.75 _ _
t
.0.77
HOW TO DEFINE:
FLOOR AREA
• Options include:
— Use definition from ITE Manual - choose 1
of 4 definitions depending on type of non- _
residential use
— Use definition of "GROSS FLOOR AREA"
from the NB Municipal Code
— Use definition of "NET FLOOR AREA" from
the NB Municipal Code
3
Project Size that Would Generate
100 Peak Hour Trips
Peak Hr of
. Peak Hr of
riE Code
Land Use Street
_
Generator
720
Medicai/Dental Once 27,400 sf
23,000 sf
820.
Shopping Center 27,aoo sf
wn
710
General Office 64.100 sf I
i I
64,100 sf,
310
Hotel _ .._ _ �- — _ -_141 rooms _
135 rooms
110
,General Light Industrial 102,500 sf
93.000 sf,
1
X98
210
Single Family Detached _ 99 D.U.'s
D.U.'s�
LOOK BACK PROVISION
• Add increases of TRAFFIC + DENSITY +
INTENSITY of proposed GPA to...
• "80% of the INCREASES resulting from
other GPAs affecting the same
neighborhood (Statistical Area) and
adopted within the preceding 10 years."
0
LOOK BACK OPTION 1:
"Look back" to December 15, 2000
• Proposed in Guidelines because:
— Look back provisions intended to prevent
piecemealing.
— MEASURE S says not concerned about
growth ("The Genera /P /anguidesgrowth
in the City... ')
— During the 1990s, Council- approved GPAs
actually reducedpeak hour trips.
LOOK BACK OPTION 2:
Go back 10 years from Date of Amendment
• Advocates of Option 2 would say:
— Looking back 10 years is most consistent
with actual language of Measure S
— Prevents a piecemeal approach
— Most conservative approach
5
Under Option 2....
• Assuming the Look Back goes back 10 years,
several Statistical Areas in the city are
"maxed out."
• GPAs proposed for these areas MUST go
before the voters through at least 2005...
• Areas include...
"Maxed Out" Statistical Areas
`I
(where any GPA requires an e %tion) _
• Old Newport Boulevard (Statistical Area #H1)
- elections required'til 3/24/2007
• Airport Area ( #L4) - 1/25/2009
• Bonita Canyon ( #M6) - 11/10/2007
• Pacific View ( #M3) - 6/12/2005
• Newport Center ( #Li) - 6/22/2008 \
• North Ford ( #L3) - 7/10/2005
3
Processing a GPA Under Measure S
per the,orOPOSed Guide lines
• City Council OK's a GPA at Council meeting.
• Planning Director prepares and submits Report
to the City Council for next Council meeting.
• City Council examines Report, determines
whether an election is required.
• City Council has 60 days to call for an election.
• Election on GPA scheduled either at next
general municipal election or special election.
7
FROM : Panasonic TAD /FAX PHONE NO. : San. oe 2001 05:00PM P1
January 8, 2001
°° TL ,
RECEIVEDPRINr`D: ° 5
-01 JAN -8 P4 :00
Dear Mayor Adams and Councilpersons: OFF1 E OF.TFF}}E CITY CLERK
C14 Of NEWPORT BEACH
1 have reviewod the proposed Measure `3 guid0hics anti have
some recommendations to make regarding possible changes.
The proposed guidelines appear to place a heavy emphasis on
traffic relaied issues. Measure S is much more than just a traffic
control inifiative. Measure S was intended to affect traffic, density and
intensity of use issues. This is noted in the wording of the actual
initiative.
The proposed guidelines suggest using the Institute of
Transportation Engineers (IT)) manual's definitions regarding floor
space area to calculate square footage for the purpose of determining if
an election. is necessary. However, the ITE manual's primary use is to
estimate hdw much traffic may be generated by various types of
developments. To this end, the 1'TE manual calculates usable floor area
and uses this number as the multiplier to estimate traffic. Thus, a
50,000 sq. ft. building may be determined to have only 40,000 sq. ft. of
usable area (excluding elevator shafts, mechanical closets, etc) and
traffic estimates would then be based on only 40,000 sq. ft.
The proposed guidelines suggest using that same `usable area'
determination to calculate if a. building triggers a Measure S election on
the basis of the building's square footage. However, using these
modified floor area calculations for anything other than traffic
estimates ijsnores the fact that intensity of use is as important as traffic
under Measure S.
Thus, a 50,000 sq. ft. building may avoid an election because its
square footage is calculated at only 40,000 sq. ft. while using the ITF
equation. However, the intensity of development seen by the man on
the street is a 50,000 sq. ft. building. Since this criterion receives equal
billing under Measure S, it should be calculated using the full square
footage under roof of any development. What the eye sees is the full
FROM : Panasonic TAD /FAX PHONE NO.
Jan. 06 2001 05:00PM P2
displacement of 50,000 sq. ft. of air space. Elevator shafts and
mechanical closets cannot be distinguished from any other part of the
building, and it is the building as a. whole which impacts our field of
vision and'thus our quality of life.
Using the same argument, parking garages of a `meaningful
mass should be calculated when determining if the square footage of a
development exceeds Measure S limitations. If our 50,000 sq. ft.
building has a 50,000 sq. ft. parking garage, then our man on the street
sees a building displacing 100,000 sq. ft. of air space.
In discussions with city staff, I was told that if the ITE .manual
dial not `count' a parking garage, then the guidelines would not either.
Again, this is placing traffic - oriented spin on the guidelines, when all
three parameters (traffic, density and intensity) should receive equal
consideration. Using .ITE recommendations as to whether or not to
`count' a parking garage should be applied only to traffic calculations.
It is ruy belief that the average voter believed that parking
garages and the full square footage of a building would be used to
determine whether a project triggered an election. Therefore, in order
to implement the will of the voters, it is most appropriate to include
these parameters in the guidelines.
Please, change the proposed guidelines to 1) calculate square
footage by including all areas enclosed by the .roof, floor and walls of a
building and 2) include parking garages with `meaningful mass' within
square footage calculgions.
VI;-� \
Susart Skinner Caustin -
2421 E. 16"' Street, #2
Newport Beach, CA 92663
949 -722 -6699
To: NEWPORT BEACH CITY COUNCI (19496443020) From: 1/8/01 09:29:40a Page 1 of 2
SID SOFFER RECEIVED
900 KAREN H110
LAS VEGAS, NV 89109 '01 A -8 I80 :4
HOME PHONE 1 (702) 657w9009 RK
CELL (702) 274-149JF FAX 1 1 (702) 657-0824 CkT4Y OF ME PoRt BE��CtI
e -mail sidAskylink net
January 8, 2001
TO: THE NEWPORT BEACH CITY COUNCIL.
RE: REQUIREMENTS OF THE GREENLIGHT INITIATIVE.
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I have just read the article in the Pilot on the internet which states in part: "The
initiative requires citywide elections on any general plan amendment for a project
that adds more than 100 peak -hour car trips..." It seems to me that it might be more
important to ascertain what exactly you are going to implement before you ascertain
when you are going to start implementing it. The article seems to state that the big
concern of the Newport Beach City Council is the exact wording of the initiative. If
this is true, let's look at "for a project that adds more than 100 peak -hour car trips or
dwelling units ". That looks to me that it means either or 100 pear -hour trips or 100
dwelling units. It seems to me that 100 dwelling units would create more than 100
peak -hour trips. But, that is not what I am really interested in. what I cannot
understand is why someone has not brought up how you ascertain what is exactly
meant by "that adds more than 100 peak -hour car trips "? It should be very easy to
figure what is meant by 40,000 square feet represents. You would start by looking at
the blue prints and if possible multiply the length x the width Now for the big
question. How does one count "adds more than 100 peak-hour car trips "9 I would
think that the only way to do that is to count the present "peak-hour car trips ", allow
the project to be built and than recount the "peak -hour car trips" and see by simple
addition and subtraction which number is greater. If, as a matter of fact, there are
more than "100 peak -hour car trips ", then you could start to make the project
smaller. If as a matter of fact the "peak-hour car trips" is smaller, I would think you
could allow the project to increase in size until it reaches the magic number of "100 ".
There is of course the small problem of tying the "peak-hour car trips" to the new
project and to something else that may or may not have taken place. There is also the
very small problem of how to ascertain what exactly is a "trip -cnd "9 If a person is
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driving home and has to stop at a market, on the way, buys something, gets back into
his car and continues home, has he created a "trip -end" for the market? I think not.
The term in question is trip -end, not just a trip. It would seem that a true trip end is
someone going from point A to point B and than turning around and going back
from point B to point A without stopping for anything besides traffic. If the person
not only stops at a new market, but also stops at a new gas station to get gas, which
new project gets the credit for the "trip- end "?
The above should just be for starters. When is the last time anyone counted the
before and after of a project to try and ascertained the increase or decrease of "trip -
ends"? It is my understanding that the project owner pays money to the City of
Newport Beach as a "trip -end fee ". That money is supposed to help "mitigate" the
"additional" traffic that the project has caused. How much money has been paid, if
any, by Fashion Island to the City of Newport Beach and exactly how much and
exactly where has the money been spent and how much if any, did it reduce the
traffic impact derived from Fashion Island.
In closing, as if the above is not enough, if you live in Laguna and you travel up PCH
to go to South Coast Plaza for your shopping, and then Fashion Island is built and
you instead of going all of the way to South Coast Plaza, you stop at Fashion Island,
do you shopping and then return back to Laguna, have you created more or less trip -
ends?
Sid Fugitive (BUT I SHALL RETURN) Without His Cars In Vegas Soffer
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