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HomeMy WebLinkAbout(2001, 03/27) - A-18 - AdoptedJ MEASURE S GUIDELINES INTRODUCTION L)- VV 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. 1 A -18 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 2 0 A -18 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 3 A -18 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 • 4 A -18 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). 0 5 A -18 • 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. 6 • E M 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. A -18 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 0 M 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 0 9