HomeMy WebLinkAbout(2001, 03/27) - A-18 - AdoptedJ
MEASURE S GUIDELINES
INTRODUCTION
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On November 7, 2000, the Newport Beach electorate approved Measure S (Exhibit A).
Measure S amended the Newport Beach City Charter by adding Section 423. In general
terms, Section 423 requires voter approval of certain amendments of the Newport Beach
General Plan (General Plan). Measure S "encourages" the City Council to adopt
implementing guidelines that are consistent with its purpose and intent. The City Council
has, consistent with Measure S, conducted a series of public meetings to receive input
from the public on Measure S and these Guidelines. The City Council has determined,
based on staff analysis and public input, that these Guidelines are consistent with the
express purpose of Measure S. The City Council may deviate from a strict application of
these Guidelines to an amendment upon a determination, approved by the affirmative
vote of at least six Council members, that a strict application would be contrary to the
express purpose of Measure S.
DEFINITIONS
The definitions and terms in this section are intended to be consistent with the purpose
and intent of Measure S. Certain definitions and terms are intended to generally conform
to the definitions in, and terminology of, the most current edition of "Trip Generation," a
multi - volume publication of the Institute of Transportation Engineers (1TE Manual). The
1TE Manual is the primary reference used by transportation professionals seeking trip
generation information. Measure S requires use of the 1TE Manual as a basis for
calculating the Peak Hour Trips generated by any Amendment.
A. Allowed Use(s). The term "Allowed Use(s)" means the land use(s) permitted on
property or in a geographical area by the General Plan prior to approval of an
Amendment pertaining to that property or geographical area. In certain cases the
Allowed Use(s) are those defined and precise land uses that have been applied by
a resolution specific to that property or a geographical area. In the majority of
cases, the Allowed Use(s) are defiled only in terms of a Residential Use Category
and /or a Non - residential Land Use Category generally applicable to various
property or geographical areas throughout the City.
B. Amendment. The word "Amendment" means any amendment of the General
Plan approved by the City Council after December 15, 2000, that, when compared
to the General Plan prior to approval, increases the number of Peak Hour Trips,
Dwelling Units or Floor Area.
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C. Dwelling Unit. The term "Dwelling Unit" means "dwelling unit" as defined in
Section 20.03.030 of the Newport Beach Municipal Code (Code).
D. Entitlement. The word "Entitlement" means the maximum amount of Floor Area,
Dwelling Units or other measure of density or intensity (such as hotel rooms or
marina slips) authorized by the General Plan for each Allowed Use on any
property and /or in any geographical area. The term Entitlement when preceded
by the word "proposed" shall mean the Entitlement requested by an Amendment.
The Entitlement for any Allowed Use on any property or geographical area shall
be based on the text of the General Plan and the Entitlement Table.
E. Floor Area. The term "Floor Area" shall be defined as follows (taken from Section
20.03.030 of the Code - "Floor area, gross "):
The total enclosed area of all floors of a building measured to the outside face of
the structural members in exterior walls, and including halls, stairways, elevator
shafts at each floor level, service and mechanical equipment rooms, and basement
or attic areas having a height of more than seven feet." •
F. Non - residential Use (Category). The term Non - residential Use means any land use
other than a Residential Use) authorized by a Non - residential Use Category that
generates any Peak Hour Trips and includes the land 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. The term "Non - residential Use Category "
means one of the six (6) non - residential land use categories applicable to property
or a geographical area pursuant to the General Plan. The Non - Residential Use
Categories are "Retail Service Commercial', "Administrative Professional and
Financial Commercial', "Recreational and Marine Commercial', "General
Industry ", "Governmental, Educational and Institutional Facilities ", and
Recreational and Environmental Open Space." The term Non - residential Use also
includes a "group residential use" and "limited care residential use" as those terms
are defined in the Code.
G. Peak Hour Trips. The term "Peak Hour Trips" means the number of vehicle trips
equal to the applicable Peak Hour Trip Rate for the Allowed Use(s) and the
Proposed Use(s) as specified in the Trip Rate Table (Exhibit B) multiplied by the
Entitlement (the appropriate quantity of the relevant "unit" of measurement as
stated in the Trip Table). When these Guidelines require a statement or calculation
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of Peak Hour Trips, the morning and evening Peak Hour Trips shall each be
provided and listed separately.
H. Peak Hour Trip Rate. The term "Peak Hour Trip Rate' means the morning and
evening average weekday rate during the peak hour of the adjacent street traffic
for the Allowed Use(s) and Proposed Use(s) as specified in the Trip Rate Table and
as derived from the ITE Manual. The Peak Hour Trip Rate for the Non - residential
Use Categories are as specified in the Trip Rate Table. In the event the Trip Table
does not contain a Peak Hour Trip Rate for an Allowed Use or a Proposed Use, the
Peak Hour Trip Rate shall be based on the morning and evening weekday average
Peak Hour Trip Rate for the most comparable land use in the Trip Table. The most
comparable land use in the Trip Table shall be determined by the City Council
based on recommendation of the Planning Director and the Transportation and
Development Services Manager (Traffic Engineer). The morning and evening Peak
Hour Trip Rates shall be listed separately.
I. Prior Amendment. The term "Prior Amendment" means an Amendment that:
1. affects property or a geographical area within the same Statistical Area as
an Amendment that is being evaluated to determine if voter approval is
required pursuant to Section 423;
2. was approved by the City Council after December 15,2000;
3. was approved within ten years prior to the date the City Council approved
the Amendment being evaluated pursuant to Section 423 and these
Guidelines; and
4. was determined by the City Council, or by a final judgment of a court of
competent jurisdiction, not to require voter approval pursuant to Section
423 and these Guidelines.
J. Proposed Use(s). The term Proposed Use shall mean the land use(s) proposed for
property or a geographical area by an Amendment. Proposed Use(s) may be
defined and precise land uses and /or a Residential Use Category or Non-
residential Use Category.
K. Residential Use Category. The term "Residential Use Category" means one of four
residential use categories described in the General Plan. The Residential Use
Categories are "Single Family Detached ", "Single Family Attached ", "Two Family
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Residential ", or "Multi- family Residential." The term Residential Use Category
does not include a group residential use or a limited residential care use as those
terms are defined in the Code.
L. Statistical Area. The term "Statistical Area" shall mean one of the Statistical Areas
identified (on page 89) in the Land Use Element of the General Plan approved by
the City Council on October 24, 1988 (Exhibit C). The term Statistical Area also
means any new Statistical Area established for property annexed to the City
subsequent to October 24,1988 and Exhibit C shall be modified to depict any new
Statistical Area.
METHODOLOGY
This Section describes the methodology and assumptions to be used for purposes of
calculating the Peak Hour Trips, Floor Area and Dwelling Units of the Allowed Uses
before and after an Amendment.
A. Peak Hour Trips. Section 423 requires "voter approval" of any "major amendment
to the Newport Beach General Plan." According to Section 423, a "'major
amendment' is one that significantly increases the maximum amount of traffic that
allowed uses could generate." The term "significantly increases" means "over 100
peak hour trips (traffic)." Measure S and Section 423 do not define the terms
allowed uses" and "maximum amount of traffic" and they do not specify a
method of calculating any increase in traffic resulting from an Amendment. The
General Plan contains Non - residential Use Categories that authorize a wide range
of land uses with variations in trip generation rates that make infeasible the use of
the highest Peak Hour Trip Rate of any allowed use. Accordingly, for property or
geographical areas with Non - residential Use Categories, the Peak Hour Trip Rate
represents a blend of the ITE trip rates for the most prevalent uses within each
category. The City Council has determined that the methodology and
assumptions in these Guidelines represent the most reasonable method of
determining the amount of traffic that is "authorized" under the existing General
Plan and the increase in Peak Hour Trips resulting from an Amendment. The
following methodology shall be used for calculating the Peak Hour Trips of
Allowed Use(s) and the increase, if any, in the Peak Hour Trips resulting from
Proposed Use(s) if an Amendment is approved:
1. The Peak Hour Trips that Allowed Use(s) could generate before and after
the Amendment shall be calculated by multiplying the Entitlement of each
Allowed Use(s) for the property or geographical area by the morning and •
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evening Peak Hour Trip Rate for that Allowed Use as specified in the Trip
Table. If the Allowed Use(s) are designated in terms of one or more Non-
residential Use Categories the Peak Hour Trip Rate for the Non - residential
Use Category from the Trip Rate Table shall be used. If the Allowed Use(s)
are designated in terms of specific land uses, the Peak Hour Trip Rate for
the Allowed Use with the highest Peak Hour Trip Rate shall be used.
2. The Peak Hour Trips that Proposed Use(s) could generate shall be
calculated by multiplying the proposed Entitlement of each Proposed Use
for the property or geographical area by the morning and evening Peak
Hour Trip Rate for that Proposed Use as specified in the Trip Table. If the
Proposed Use(s) are designated in terms of one or more Non - residential Use
Categories the Peak Hour Trip Rate for the Non - residential Use Category
from the Trip Rate Table shall be used. If the Proposed Use(s) are
designated in terms of specific land uses, the Peak Hour Trip Rate for the
Allowed Use with the highest Peak Hour Trip Rate shall be used.
3. The increase, if any, in Peak Hour Trips resulting from an Amendment shall
be calculated by subtracting the morning and evening Peak Hour Trips of
the Allowed Use(s) from the morning and evening Peak Hour Trips,
respectively, of the Proposed Use(s) and selecting the larger number.
B. Floor Area. The Floor Area authorized in the General Plan for property or a
geographical area before and after the Amendment shall be determined on the
basis of the maximum amount of Floor Area authorized by the General Plan for all
Non - residential Uses before and after the Amendment. In the event the
Entitlement for a Non - residential Use is designated in terms other than Floor Area
such as hotel rooms or boat slips) the determination as to whether the
Amendment requires voter approval shall be based solely on the differential in
Peak Hour Trips. If the General Plan authorizes varying amounts of Floor Area
depending on the type of Non - residential Use (variable floor area limits), the
Entitlement for Allowed Use(s) shall be based on the maximum amount of Floor
Area allowed by the General Plan for the Proposed Use(s). For example, the
General Plan allows Floor Area ranging from 12,000 sq. ft. (restaurant) to 30,000 sq.
ft. (warehouse) on a 40,000 sq. ft. parcel designated "Retail Service Commercial"
with a variable floor area limit. If the Proposed Use is a 22,000 sq. ft. restaurant,
the increase in Floor Area would be 10,000 sq. ft. (the difference between the 22,000
sq. ft. Proposed Use and the 12,000 sq. ft. Allowed Use).
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C. Dwelling Units. The Dwelling Units authorized in the General Plan for property
or a geographical area before and after the Amendment shall be determined on the
basis of the maximum number of Dwelling Units specified for the property or
geographical area before and after the Amendment.
D. Trip Rate Table. The Trip Rate Table contains the morning and evening average
weekday Peak Hour Trip Rate for each land use specified in the ITE Manual. The
information in the Trip Table is based on the vehicle trip rates and related data in
the ITE Manual. The term "unit" in the Trip Rate Table refers to the "unit of
measurement" or "independent variable" that was used in the trip generation
studies that form the basis of the trip rates reflected in the ITE Manual.
E. Entitlement Table. The Entitlement for any property or geographical area prior
to an Amendment shall be based on the text of the then current General Plan and,
when adopted, the provisions of an Entitlement Table. The Entitlement Table shall
describe, by Statistical Area, the Peak Hour Trip, Dwelling Unit and Floor Area
increases, if any, of each Amendment approved by the City Council subsequent to
December 15, 2000. The Entitlement Table shall not include any Amendment
submitted to the voters pursuant to Section 423 and an Amendment shall be
removed from the Entitlement Table ten (10) years after adoption.
F. Multiple Amendments. The City Council may have occasion to approve more
than one Amendment affecting the same Statistical Area at the same meeting. In
such event, the Amendments shall be deemed approved in the following order:
1. The Amendment(s) with the earliest date(s) of initiation (for example GPA
2001 -1 A) shall be deemed approved before an Amendment with a later date
of initiation (for example 2001 -213).
2. In the event that more than one Amendment was initiated at the same time,
the Amendments shall be deemed approved in alphabetical order (for
example GPA 2001 -1A would be deemed approved before GPA 2001 -113).
PROCEDURES
This Section describes the information to be provided to the applicant, the Planning
Commission and the City Council during the processing of an Amendment. This Section
also describes the information to be provided and the process to be followed after an
Amendment is approved to determine if voter approval is required by Section 423.
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A. Initial Report. The Planning Director shall provide an applicant for an
Amendment with a copy of these Guidelines at the time the application is filed.
The Planning Director shall, within thirty (30) days after filing, provide the
applicant with an Initial Report that contains the information described in this
subsection.
1. Residential Use Amendment. if an Amendment requests one or more
Dwelling Units, the report shall indicate the number of Dwelling Units
permitted by the existing General Plan and the number of Dwelling Units
requested by the Amendment. The report shall also indicate the number of
Dwelling Units equal to eighty percent (80 %) of the increase in Dwelling
Units resulting from Prior Amendments. The report shall calculate the total
of the increase in Dwelling Units resulting from the Amendment and eighty
percent (80 %) of the increase in Dwelling Units resulting from Prior
Amendments.
2. Non - residential Use Amendment. if an Amendment requests one or more
square feet of Floor Area, the report shall indicate the amount of Floor Area
permitted by the existing General Plan and the amount of Floor Area
requested by the Amendment. The report shall also indicate the amount of
Floor Area equal to eighty percent (80 %) of the increase in Floor Area
resulting from Prior Amendments. The report shall calculate the total of the
increase in Floor Area resulting from Amendment and eighty percent (80 %)
of the increase in Floor Area resulting from Prior Amendments.
3. All Amendments. In all cases, the report shall indicate the number of Peak
Hour Trips permitted by the existing General Plan and the number of Peak
Hour Trips resulting from the Amendment. The report shall also indicate
the number of Peak Hour Trips equal to eighty percent (80 %) of the increase
in Peak Hour Trips resulting from Prior Amendments. The report shall
calculate the total of the increase in Peak Hour Trips resulting from the
Amendment and eighty percent (80 %) of the increase in Peak Hour Trips
resulting from Prior Amendments.
An applicant shall not be entitled to rely on the Initial Report for any purpose. The
Initial Report does not constitute any commitment or representation of the City or
the Planning Director as to whether the Amendment, if approved by the City
Council, will require voter approval. The Initial Report shall be available to the
public.
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B. Staff Reports. The Planning Department prepares Planning Commission and City
Council staff reports for each Amendment. All Planning Commission and City
Council staff reports on an amendment shall contain the information required to
be provided in the Initial Report and that information shall be updated as changes
are proposed to the Amendment. The staff report shall contain a statement
inserted above the material from the Initial Report (updated) that the data is
provided for "information only" and is not relevant to any finding or decision
related to the Amendment.
C. Post Approval Report. The Planning Director shall within thirty (30) days after
approval of an Amendment, prepare and submit to the City Council a report that
provides the information required in the Initial Report that has been updated to
reflect the final City Council action (Final Report). The Final Report shall also
include a table that identifies each Prior Amendment including any increase in
Floor Area, Dwelling Units and Peak Hour Trips and the date on which each Prior
Amendment was approved. The Final Report shall also contain any other
information that is relevant to the City Council review specified in subsection D.
D. City Council Review. The City Council shall review the Final Report and •
determine at a noticed public hearing if, based on the Final Report, the
administrative record for the Amendment and testimony presented, the
Amendment requires voter approval pursuant to Section 423. The City Council
shall submit the Amendment to the voters if:
1. the Amendment relates to a Non - residential Use and authorizes an increase
in Floor Area for the entire property or geographical area that is the subject
of the Amendment that exceeds forty thousand (40,000) square feet when
compared to the General Plan before approval of the Amendment; or
2. the Amendment relates to a Residential Use and authorizes an increase in
the number of Dwelling Units for the entire property or geographical area
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
3. the Amendment modifies the type or amount of Residential Use or Non-
residential Use specified for the property or geographical area that is the
subject of the Amendment such that the Proposed Use(s) as approved by
the Amendment generate(s) at least one hundred and one (101) more
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morning or evening Peak Hour Trips than the Allowed Use(s) before the
Amendment, or
4. the increase in morning or evening Peak Hour Trips, Dwelling Units or
Floor Area resulting from the Amendment when added to eighty percent
80 %) of the increases in morning or evening Peak Hour Trips, Dwelling
Units or Floor Area resulting from Prior Amendments exceeds one or more
of the voter approval thresholds in Measure S as specified in subsections 1,
2or3.
E. Calling an Election. In the event the City Council determines that the Amendment
requires voter approval, the City Council shall, no more than sixty (60) days after
making the determination, adopt a resolution calling an election on the
Amendment. The City Council shall schedule the election on the Amendment at
the next regular municipal election (as specified by the City Charter) or at a special
election if the proponent of the Amendment has entered into a written agreement
with the City to share the costs of the special election.
r Adopted - March 27, 2001
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