HomeMy WebLinkAbout(2004, 07/13) - A-18 - Amended•
MEASURE S GUIDELINES
(1) INTRODUCTION
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On November 7, 2000, the Newport Beach electorate approved Measure S (Exhibit A). f
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 PIan (General PIan). 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.
(2) 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 (ITE Manual). The
ITE Manual is the primary reference used by transportation professionals seeking trip
generation information. Measure S requires use of the ITE Manual as a basis for
calculating the Peak Hour Trips generated by a use permitted by an Amendment.
A. Allowed and Proposed Use. The terra "aIIowed use" means any Iand use(s)
permitted by the General PIan on property or in an area. An alIowed use may be
defined in terms of a residential use and/or a non-residential use generally
applicable to an area or property or a particular land use applicable to specific
parcel. A "proposed use" is a land use that would be permitted after an
Amendment is approved.
B. Amendment. The word "Amendment" means any proposed amendment of the
General PIan that is first considered and/or approved by the City Council
subsequent to December 15, 2000 and that increases the number of peak hour trips,
dwelling units or floor area when compared to the General PIan prior to approval.
In all cases an Amendment shall state the proposed entitlement in density and/or
intensity and, in the case of intensity, the category of non-residential use.
C. Approval. Subject only to the exception specified in the third sentence of this
Section, the word "approve" (and any variations such as approved or approval)
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means, in the context of the City Council's decision on an Amendment, that four
members of the City Council have, after the City has complied with the
"mandatory procedures" described in Section (4)(A) voted affirmatively to adopt a
resolution that contains the text of a proposed Amendment. In the context of the
voter's decision on an Amendment, the word 'approve" (and any variations such
as approved or approval) means that a majority of those voting in the election have
voted in favor of the Amendment. The City Council shall be deemed to have
"approved" an Amendment if, prior to July 1, 2003, the Council and the applicant
for an Amendment concerning public property currently designated as Recreation
and Open Space have entered into a written agreement providing for submission
of the Amendment directly to the voters after consideration of the Amendment
and a fiscal impact report by the City Council and PIanning Commission at noticed
public hearings as well as the certification of an Environmental Impact Report
prepared pursuant to CEQA and the CEQA Guidelines. The approval of any
agreement described in this Section shall not be construed as a precedent for City
Council approval of any other agreement except to the extent of those agreements
between the City and a project proponent that are expressly authorized by Section
423.
D. Dwelling Unit. The term "dwelling unit" means "dwelling unit" as defined in
Section 20.03.030 of the Newport Beach Municipal Code (Code).
E. Entitlement. The word "entitlement" means the maximum amount of floor area or
dwelling units authorized by the General PIan for each allowed use on any
property and/or in any area. The term entitlement when preceded by the word
"proposed" shall mean the entitlement requested by an Amendment. Proposed
Amendments for parcels or areas entitled for special uses that have not been
approved prior to July 1, 2003 shall, when considered by the PIanning Commission
and City Council and when submitted to the voters, describe the proposed
entitlement in both floor area and the appropriate unit of measurement utilized in
the Trip Rate Table.
F. Floor Area. The term "floor area" shaII be defined as follows (taken from Section
20.03.030 of the Code - "FIoor 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 Ievel, service and mechanical equipment rooms, and basement
or attic areas having a height of more than seven feet."
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G. Non-residential Use. The term non-residential use means any land use other than
a residential use that is authorized by the General Plan and that generates any
peak hour trips. The term non-residential use 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 Zoning Code. For the purposes of
these Guidelines, and specifically the Trip Rate Table, the non-residential use
categories are "Commercial" (includes the General Plan designations of "Retail
Service Commercial", "Administrative Professional Financial" and "Recreational
and Marine Commercial), "Industrial" and "Public, Semi Public & Institutional."
H. Peak Hour Trips. The term "peak hour trips" means the number of vehicle trips
equal to the applicable peak hour trip rate specified in the Trip Rate Table (Exhibit
B) for any allowed use or proposed use multiplied by the entitlement (using the
appropriate quantity of the relevant "unit" of measurement specified in the Trip
Rate Table). When these Guidelines require a statement or calculation of peak
hour trips, the morning and evening peak hour trips shall each be provided and
listed separately.
1. 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 an allowed use and proposed use (as specified in the Trip Rate Table and as
derived from the ITE Manual. The peak hour trip rate for any non-residential use
is specified in the Trip Rate Table. In the event the Trip Rate 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 Rate Table. The most
comparable land use in the Trip Rate 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.
Prior Amendment. The term "Prior Amendment" means an Amendment that:
1. Affects property or an area within the same statistical area as an
Amendment that is being considered by the Planning Commission and/or
City Council; and
2. Was approved by the City Council after December 15, 2000; and
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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.
K. Residential Use. The term "residential use" means General Plan entitlement that is
stated in terms of dwelling units.
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(s) established for property annexed to the City
subsequent to October 24, 1988 and in such event Exhibit C shall be modified to
depict any new statistical area(s).
(3) METHODOLOGY 0
This Section describesthe methodology and assumptions to be used for purposes of
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calculating the maximum peak hour trips, intensity (floor area) and density (dwelling
units) of allowed uses and proposed uses.
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 the maximum 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 for which entitlement is specified
in terms of one or more non-residential use category, the peak hour trip rate
specified in the Trip Rate Table 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 allowed under the existing
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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 an
allowed use and the increase, if any, in the peak hour trips resulting from a
proposed use if an Amendment is approved:
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1. Allowed Use. The peak hour trips that an allowed use could generate shall
be calculated by multiplying the entitlement for the property or area by the
morning and evening peak hour trip rate for the allowed use as specified in
the Trip Rate Table. If the allowed use is designated in terms of one or more
non-residential use category, the peak hour trip rate from the Trip Rate
Table for the applicable non --residential use category shall be used. If the
allowed use or uses are designated in terms of one or more specific land
uses, the peak hoar trip rate from the Trip Rate Table for each specific use
shall be used in proportion to the amount of entitlement for each specific
use.
2. Proposed Use. The peak hour trips that a proposed use could generate shall
be calculated using the methodology specified in Subsection 1.
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
determined pursuant to Section 1 from the morning and evening peak hour
trips, respectively, determined pursuant to Section 2.
B. Intensi . The purpose of this Section is to assist the City Council, Planning
Commission, staff, the public and property owners in understanding and
calculating the "intensity of allowed uses" (allowed intensity) permitted by the
General Plan for any parcel or area that is designated, or proposed to be
designated for Non -Residential Uses and the allowed intensity resulting from
approval of an Amendment (proposed intensity). The Land Use Element, with the
exception of those special land uses described in subsection 2, employs the
following methods of specifying allowed intensity: (a) allocating a specific amount
of floor area (specific floor area allocation); (b) assigning a fixed floor area ratio
(fixed floor area ratio) with the allowed intensity calculated by multiplying the
floor area ratio ("FAR") by the gross land area of the parcel; (c) assigning a variable
floor area ratio from the "base FAR" of 0.5 to a maximum FAR of 0.65, 0.75, 1.00, or
1.25 ("maximum permitted FAR"'), with the allowed intensity calculated by
multiplying the applicable FAR by the gross land area of the parcel.
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�. Method2!gZy. The increase in intensity resulting from approval of an
Amendment shall be calculated by subtracting the allowed intensity from
the proposed intensity. Both existing and proposed intensity shall be
calculated in accordance with the methodology specified in this section.
(a) For a parcel or area that is not entitled or proposed to be entitled in
terms of a variable FAR, the allowed intensity and proposed
intensity shall be; (i) the specific floor area allocation; or (ii) the fixed
FAR multiplied by the gross land area.
(b) For an parcel or area that is entitled or is proposed to be entitled in
terms of a variable FAR, the allowed intensity and proposed
intensity shall be the greater of; (i) the "base FAR" (0.5) multiplied by
the gross land area; (ii) the FAR of the existing land use if, and only
if, that land use is an allowed use pursuant to the General Plan; or
(iii) a floor area not greater than the maximum permitted FAR if, and
to the extent that, all the conditions in subsection (c) are satisfied.
(c) For a parcel or area for which some or all of the existing and/or
proposed entitlement is stated in terms of a variable FAR the allowed
intensity and the proposed intensity shall be the maximum
permitted FAR only if, and only to the extent, that; (i) the
Amendment is conditioned on the recordation of a covenant that
restricts that portion of the property or area for which the maximum
permitted floor area is applicable to those uses which qualify as
"maximum FAR" land uses as that term is generally described in the
Land Use Element of the General Plan (lower traffic generating uses)
and as specified in the Zoning Code; (ii) that portion of the property
that is subject to the covenant is developed and used exclusively for
maximum FAR uses, (iii) the covenant includes an obligation on the
part of the owner to remove all floor area and otherwise fully
comply with the provisions of Zoning Code if that portion of the
property covered by the covenant ceases to be used for maximum
permitted FAR uses; and (iv) the covenant requires the City to
enforce the restrictions and specifies that the cost of enforcement
shall constitute a lien on the property unless paid within thirty (30)
days after owner receives a request for payment.
2. Special Uses. The Land Use Element has historically entitled land uses on
the basis of the most common "unit of measurement" utilized in the FTE
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Manual for calculating the peak hour traffic generated by that land use. The
use of the appropriate "unit of measurement" ensures that the Land Use and
Circulation Elements are, as required by State law, properly correlated.
Floor area is the most common unit of measurement in the ITE Manual but
a different metric is used to measure peak hour trips in the case of certain
land uses such as hotels (rooms) and theatres (seats) because of those
metrics better reflect the traffic generation characteristics of those uses.
Consistent with the ITE Manual, the City has historically entitled some large
hotels in terms of rooms and two large theatres in terms of seats. The City
has, in the "Estimated Growth Tables" for those statistical areas in which
special uses are located, assigned approximately 1000 square feet of floor
area for each hotel room and 15 square feet for each theater seat.
3. Special Uses/ Methodology. The "allowed intensity" of a parcel or area that
is entitled using hotel rooms or theater seats as a unit of measurement shall
be calculated on the basis of 1000 square feet per hotel room or 15 square
feet per theater seat. The "allowed intensity" of a parcel or area that is
entitled in a unit of measurement other than floor area, hotel rooms or
theater seats shall be calculated on the basis of the greater of the floor area
specified in the Estimated Growth Table for the Statistical Area in which the
parcel or area is located or the amount of floor area of the allowed uses
existing on the parcel at the time the application for the Amendment is filed.
C. Dwelling. The dwelling units authorized in the General Plan for property or
an area before and after an Amendment shall be determined on the basis of the
maximum number of Dwelling Units allowed on the property or 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 Rate 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 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 approved by the voters and an
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Amendment shall be removed from the Entitlement Table ten (10) years after
approval by the City Council..
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 or application (for
example GPA 2001-001) shall be deemed approved before an Amendment
with a later date of initiation or application (for example 2002-002).
2. In the event that more than one Amendment was initiated or applied for at
the same time, the Amendments shall be deemed approved in numerical
order (for example GPA 2001-001 would be deemed approved before GPA
2001-002).
G. Change in Land Use Categoly. In the case of an Amendment that proposes a
change in land use from non-residential to residential or vice versa no floor area
credit shall be given for allowed density (dwelling units) and no density credit
shall be given for allowed intensity (floor area). For example, in the case of a
Residential parcel with an allowed density of 20 dwelling units the allowed
intensity is zero square feet of floor area and in the case of a Non-residential parcel
with an allowed intensity of 100,000 square feet, the allowed density is zero
dwelling units. However, peals hour trip credit shall be in accordance with the
entitlement multiplied by the appropriate peak hour trip rate.
(4) PROCEDURES
This Section describes procedures to be followed prior to City Council approval of an
Amendment and the submittal of that Amendment to the voters.
A. Mandatory Procedures. The City Council shall not approve an Amendment unless
and until the Planning Commission and City Council have first conducted noticed public
hearings as required by law and prepared and certified any environmental document that
is required by the California Environmental Quality Act (CEQA) and the CEQA
Guidelines. The City Council shall, at the same time the Amendment is considered and
decided, consider and decide any discretionary land use approval or permit that is related
to the Amendment and for which an application has been submitted.
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B. Staff Rel2orts. 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 information relevant to
whether the Amendment, if approved, would require voter approval pursuant to
Section 423. The reports shall include the following information:
1. In the case of an Amendment where the existing and/or proposed use is a
residential use, the number of dwelling units allowed by the General Plan
before and/or after the Amendment;
2. In the case of an Amendment where the existing and/or proposed use is a
non-residential use, the amount of floor area (and relevant unit of
measurement from the Trip Rate Table if different than floor area) allowed
by the General Plan before and/or after the Amendment;
3. In all cases, the number of peak hour trips allowed by the General Plan
before and after the Amendment;
4. A table that identifies each Prior Amendment (see definition in Section (2)J)
including any increase in Floor Area, Dwelling Units and/or Peak Hour
Trips, the date on which each Prior Amendment was approved;
5. A table that adds eighty percent (80%) of the increases in peak hour trips,
dwelling units and floor area resulting from Prior Amendments (see
definition in Section (2)J to the increases in peak hour trips, dwelling units
and/or floor area (as appropriate) resulting from the Amendment under
consideration.
b. The Entitlement Table referenced in Section (3)E.
7. Information about the Amendment, any associated project or land use
approval and the environmental analysis that would help the Planning
Commission and City Council make informed recommendations or
decisions on the Amendment and help the public develop informed
opinions about the Amendment.
C. City Council Review. The City Council shall determine at the noticed public
hearing at which any Amendment is approved if, based on the administrative
record for the Amendment including any testimony presented at that hearing, the
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Amendment requires voter approval pursuant to Section 423. The City Council
shall submit an Amendment to the voters if:
1. The Amendment authorizes an increase in floor area for the property or
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 authorizes an increase in the number of dwelling units for
the property or 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 allowed use(s) of the property or area that is
the subject of the Amendment such that the proposed use(s) generate(s)
more than one hundred morning or evening peak hour trips than are
generated by 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 (see definition in Section (2)J
exceeds one or more of the voter approval thresholds in Section 423 as
specified in subsection 1, 2 or 3.
D. Calling an Election. In the event the City Council determines that the Amendment
requires voter approval, the City Council shall, at the noticed public hearing at
which the Amendment was approved or a subsequent noticed public hearing held
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 City and the proponent of the Amendment
have entered into a written agreement to share the costs of the special election.
The City Council shall, at the time the election is called, direct the City Attorney to
prepare an impartial analysis of the Amendment. The impartial analysis shall
contain information about the Amendment, any related project or land use
approval, and the environmental analysis conducted of the Amendment that will
help the electorate make an informed decision on the Amendment, In the absence
of an ordinance or Charter provision that establishes a procedure for submittal of
arguments or rebuttals relative to City measures, the City Council shall, at the time
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a decision is made to submit an Amendment to the voters, adopt a resolution that
authorizes the filing of arguments and rebuttals in accordance with the general
procedures specified in the Elections Code.
E. Exclusive Method. Effective November 3, 2004, in the absence of a mandatory
duty arising from an initiative petition, referendum petition, court order or other
mandatory legal obligation, Section 423 and the procedures outlined in these
Guidelines represent the sole and exclusive method by which the City Council
considers, approves and submits for voter approval an Amendment that is subject
to Section 423. The City Council has also determined that nothing in Section 423
prevents the City Council from submitting any matter other than an Amendment
to the voters as an advisory measure.
Adopted - March 27, 2001
Amended - June 8, 2004
Amended - JuIy 13, 2004
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Section 423. Protection from Traffic and Density.
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 City's 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.
Exhibit A 1
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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.
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
Exhibit A 2
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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.
Exhibit A 3
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Measure Op Table
Peak Hour of
Adjacent Street Traffic
90
110
_120
130
Specific Land Use
Park -and -Ride Lot w/Bus Service
General Light Industrial
General Heavy Industrial -- — --
Industrial Park1000
— ---- ... -----
Manufacturing _
Warehousing — - -
Mini -Warehouse
------- ------ - —
Utilities
Unit Period Rate
Parking Space I AM 0.75
PM 0.63
1000 sq ft GFA AM 0.92
PM 0.98
1000 sq ft GFA 1 AM 0.51
Comments
0.51
- ----
--- -•- -- - —
PM 0.68
0.83
sq ft GFA AM 0.89
0,62
-
PM 0.92
1000 sq ft GFA — AM 0.73
PM 0.74
100'0 sq ft GFA AM 0.45
PM 0.51
1000 sq ftGFA AM 0.15
— ----- -.. _ .
__—Acre AM_ 0.49
PM...�_ . 0-49
U
_ D_. AM 0.75
i PM
PM
140
150
151
-�
170
210
..
D.U.
-•- ---.- .__._...._....
? AM
PM
-----
_
- - ----
--
— —
Single=Family Detached Housing _ _
222 High -Rise Apartment
223Mid-Rise Apartment
224 i Rental Townhouse
230 Residential Co_V ominiumfrownhouse
231 Low -Rise Residential CondominiumlTownhouse
232 High -Rise Residential Condomin iumrrownh o use
2331 Luxury Condominiumrrownhouse
2401Mob ile Home Park — _ --
D.U. AM 0.70_..--
_ PM 0.72
D.U. AM 0.44
D.U.
0.54
AM
-PM
0.51
- ----
--- -•- -- - —
.. --- _.
0.83
AM
0,62
-
D.U.
PM
AM
D.U.
-•- ---.- .__._...._....
? AM
PM
_
D.U.
_
PM
AM
_0_30,
0.35'
0.30
_
_
_
PM
0.39
230 Residential Co_V ominiumfrownhouse
231 Low -Rise Residential CondominiumlTownhouse
232 High -Rise Residential Condomin iumrrownh o use
2331 Luxury Condominiumrrownhouse
2401Mob ile Home Park — _ --
D.U. AM 0.70_..--
_ PM 0.72
D.U. AM 0.44
AM and PM peak hours coincide with peak hours of adjacent street traffic.
ILI
00
PM
0.54
D.U.
AM
0.66
D.U.
- --
-- - D.U.
PM
0.83
AM
0.34
PM0.38
AM
-6
0.56
PM
0.55
D.U.
-•- ---.- .__._...._....
? AM
PM
0.40
0.56
AM and PM peak hours coincide with peak hours of adjacent street traffic.
ILI
00
Wr
N
Measure S Trip Table
Peak Hour of
Adjacent Street Traffic
specific Land Use _� _ -Unit -- L Period Rate Comments
250 Retirement Community D. U, AM 0.17
- -- - --....... _ _ _ PM 0.27
251 Elderly Housing - Detached D.U. AM 0.21
_PM _ 0.23
252 Congregate Care Facility D. U, _AM _ 0.06
-- -- - PM 0.17 ---- ----
253 Elderly Housing -Attached D.U. AM 0.07 _
_ PM 0.10
260 Recreational Homes D. U. AM 0.16
PM 0.26
270 Residential Pianned Unit Development (PUD) D.U. AM 0,51
-- PM 0.62
310 Hotel Room AM _ ;_ 0.56
--- - - --- - - — - --_- ..� PM._ �w_ .._0.61 -
311 All Suites Hotel Room AM 0.38 —
__ PM i _ 0.40
312 Business Hotel -- Room I AM 0.58
PM 0.62
320 Motel Room - - AM -:- _-0.45 --- -
- ----- -- ---- -- - ---- ... ---- - PM 0.47
330 ResortHotel — Room AM 0.31
PM i 0.42
411 City Park
412 County Park
413IState Park
414
_
-
Acre
AM - No Peak Hour Data Available
PM -
AM 0.01'
AM No Peak Hour Data Available
Picnic Site
_-
PM 0.55
-
AM - No Peak Hour Data Available
_ __ —Pa
PM -4
M
415 Beach Park Acre AM - No Peak Hour Data Available
- - _ PM_ 1.30
Park
416 Campground/Recreational Vehicle- -- - Camp Site -4 AM 0.27 —
— PM 0.39
417 _Regional Park - ---_ --T ------ Acre— _ AM - _ No Peak Hour Data Available
PM 0.20
.0,
* AM and PM peak hours coincide V
ak hours of adjacent street traffic. 0
•
W
Measure lip Table
Peak Hour of
Adjacent Street Traffic
Speck Land use
—
unit — Period
Rate !Comments— _
418
National Monument
Elementary School — _
Acre
AM
- No Peak Hour Data Available
--
!
PM
521
420
Marina
_AM
_Berth
AM
0.08, _
PM
5.50
522
Middle School/Junior High School
1000 sq ft GFAAM
.-.---
PM
0.19
430
Golf Course
PM
Acre
530
AM
0.21
AM
3.22 _ --
_ — — —
_
PM
PM
0.30
431
Miniature Golf Course
_
Holes
AM
_ _-
No Peak Hour Data Available
—
PM
0_
_
432
__ _
Driv
Golf ing Range —
_
_ — _—
__
TeeslDnving
AM
No.33
Peak Hour Data Available
Positions
PM
1.25
435
Multipurpose Recreational Facility
Acre
AM
1.92
i
PM
5.77
441
Live Theater
_ _ Seats _
AM
-
No Peak_ Hour Data Available
PM
0.02
443
Movie Theater without Matinee
1000 sq ft GFA
- - ....-.— . w
AM
_
0,22
-
—
—... — ..--- ...
PM
6,16
444
Movie Theater with Matinee —
1000 sq ft GFA
AM
INo Peak Hour Data Available
— --
PM
3.80
491
Tennis Courts_
Tennis Court
AM
1.67'
_
_
--
--_ _
PM
3.88 -- - -
_
492
--_ ---__
—
Racquet Club _ �_-- —
—
— Court
AM
1.40 _ — ...
—
PM
3.85
493
Health Club
1000 sq ft GFA
AM
0.30
PM
4.30
4941Bowling
Alley
Bowling Lanes— '
AM
3.13
495 1 Recreational Community Center ---
1000 sq ft GFA
PM
3.54
1.32;
AM
* AM and PM peak hours coincide with peak hours of adjacent street traffic.
PM
1.75
520
Elementary School — _
— — — Student
_AM_
0.29
--
PM
-_ No Peak Hour Data Available
521
_ __
' Private School (K-12) _
_ __
1000 sq ft GFA
_AM
3.54 —
—
PM
5.50
522
Middle School/Junior High School
1000 sq ft GFAAM
.-.---
3.68 -. .
PM
1.23
530
High School
1000 sq ft GFA
AM
3.22 _ --
_ — — —
_
PM
'1.021
* AM and PM peak hours coincide with peak hours of adjacent street traffic.
4P
•
Measure S Trip Table
Peak Hour of
Adjacent Street Traffic
Specific Land Use
�_ Unit
� Period
Rate
Comments
540 Junior/Community College
- _ —
1000 sq ft GFA
j AM _
1.62
1.77
_ 1.47
1.39
PM
550'University/College
Student
AM
0.21
720
730
731
733
... � -_ �.,_.,,_.._._.._. _ .
Medical -Dental Office Building -
_
Government Office Building
State Motor Vehicles Department -
1 Government Office Complex — —_
--- --
---- PM -
- - 0.21
...---- -
560 Church
1000 sq ft GFA
AM
0.72
_
PM
0.66
_--
561 Synagogue-�—
1000 sq it GFA
AAA
- 0.33
_ — ---
3.14
565 Day Care Center
1000 sq ft GFA
.---- - - ------'l
-� AM
-
12.71
--
13.20
566 Cemetery—
Acre —
PM
-7 AM
0.17
-- - - -
PM
0.84
590 Library
1000 sq ft GFA
i AM
1.06
- — -- -
PM
7.09
---
591 LodgelFratemal Organization
Member
f AM
0.01
_
PM
0.03
610
620
630
710
—
714
— _ _ ------ - -- _ ... -- - -
Hospital
Nursing Home
Clinic
General Office Building
-- -- -- ._ .-. -
Corporate Headquarters Building - —_ -
Single Tenant Office Building
---1000 sq ft GF--- A 1 A—M
PM
1000 sq ft GFA AM
PM
1000 sq ft GFA AM
_ _ _ PM
&0 sq
10 ft GFA AM
0.97
0.92
0.40
0.36
-
- --- --
__
No Peak Hour Data Available
5.18
1.56
PM
1000 sq ft GFA AM
PM
_ 1.47
1.39
715
1000 sq ft GFA
AM
PM
AM
PM
1.78
1.72
i 2.43-
3.661 _
5,88!
720
730
731
733
... � -_ �.,_.,,_.._._.._. _ .
Medical -Dental Office Building -
_
Government Office Building
State Motor Vehicles Department -
1 Government Office Complex — —_
1000. sq ft GFA
1000 sq it GFA
1000 sq ft GFA—
I 1000 sq it GFA
AM
PM
AM -
- INo Peak Hour Data Available
_
9.841
_.PM
AM
i PM
_
_ 17.09
- 2.25
2,86
`AM and PM peak hours coincide wo-ak hours of adjacent street traffic. 0
0
H
LIU
Specific Land Use
750 Office Park
760 Research .and -Development Center "".--.-.-.
770 Business Park
812 Building ,Materials and —Lumber Store
813 Free -Standing Discount Superstore
814 Specialty Retail Reiif6enter
81.5 Free-standing "Discount -Store
816 i4ardwareFPa�intftW
.Nursery (Garden Center)
-8i8,Nurs—eery -(-W--ho-le—sa,l-e),
820 Shopping Center
Measure Op Table
Peak Hour of
Adjacent Street Traffic
Unit
Quality Restaurant
Period
1000 sq ft GFA
1000 sq ft GFA
AM
High -Turnover (Sit -Down) Restaurant
PM
1000 sq ft GFA
AM
Pm
1000 sq ft GFA
Fast -Food Rest. w/o Drive -Through Window—
AM
A
900 sq ft GFA
AM
J�Fast-Food-Rest, w/Drive-Through Window
P.m
14Q4 sq ft PFA
AM
PM
1000 sq ft GL4
Fast -Food Rest. vib rive -Through Window No indoor Seating
AM
000 sq ft GFA
PM
--160_0sqftGFA
__
PM
1900 sq ft GFA
1000 sq ft GFA
AM
Servicing
PM
1060 sq ft GFA --'.---'AM
PM
1000 sq ft GFA
AM
PM
1060_ sq ft GLA
AM
831
Quality Restaurant
1000 sq ft GFA
832
High -Turnover (Sit -Down) Restaurant
1000 sq ft GFA
833
Fast -Food Rest. w/o Drive -Through Window—
1000 sq ft GFA
834
J�Fast-Food-Rest, w/Drive-Through Window
1000 sq ft GFA
835
Fast -Food Rest. vib rive -Through Window No indoor Seating
000 sq ft GFA
836 banking Place
1000 sq ft GFA
837 Quick Lubrication Vehicle —Shop
Servicing
Position
PM
AM
AM
PM
,AM
AM
PM
AM
Pm
AM
PM
AM
Rate Comments
--1.74
1.50
1.24
1.08
1.291
2.641
4.04
1.84
3.82
- No Peak Hour Data Available
4.24
1.081
4.42
1-31
3.60
2.40
5.17
1,03
3.74
0.81,
10.86.
43.87
26.15
49.861
--
33.481
- No Peak Hour Data Available
153.85
---.No Peak Hour Data Available
11.54
3.00
5,191
* AM and PM peak hours coincide with peak hours of adjacent street traffic.
E
I.
Measure S Trip Table
Peak Hour of
Adjacent Street Traffic
D
0 * AM and PM peak hours coincide *ak hours of adjacent street traffic. 10
Land Use �— Unit ; Period
Rate lCornments
840?Automobile
_
_- - _
Care Center — — —_ — - 1000 sq ft Occ. GLA - AM ----
-- -- --
2.94 - -
;
PM
3.38.
841;
New Car Sales 1000 sq ft GFA AM
_
2.21;
PM
2.80:
843'Automobile
— -- -
Parts Sales 1000 sq ft GFA AM
_
2.21!
PM
5.98! — _...__..
844
GasolinelService Station Vehicle Fuel Position AM
12.271
PM_
1.4.56 3
845
Market
Gasoline/Service Station w/ Convenience Mar1000 sq ft GFA AM
. --- ----.
_ _
0.041
---- --. - - - ---- --- ._ PM
_.._._0.04; -- ----
846
Gasoline/Service Staion w/ Convenience Market & Car Wash Vehicle Fuel Position •' _AM
-- ----- -
10.641 -----
-•--
PM
—.._
13.19
847
Self -Service Car Wash Wash Stalls AM
- ; No Peak Hour Data Available
PM
5.79 i
848
Tire Store 1000 sq ft GFA AM
2.85;
— - --_ _ _
PM
Supermarket --- -- -- -- ---- 1000 sq ft GFA AM
_
4.121
_
850
3.25' ---
PM
11.51
851
- ----..._....
Convenience Market (Open 24 Hours} — _- 1000 sq ft GFA - AM
PM
65.39
53.73
852
Convenience Market (Open 15 -16 Hours) 1000 sq ft GFA AM
31.02
PM
_
3_4.57
- 853
Convenience Market with Gasoline Pumps 1000 sq ft GFA AM
— - --- - --- - - -- -
45.58
_
60.61
_
PM
1,72
854
Discount Supermarket _ _ _ 1000 sq ft GFA AM
9.83
-
PM
1.48
862
Home Improvement Superstore1000 sq ft GFA AM
.
._-.---.-. -- -- PM
- 2.87
863 Electronics Superstore
1000 sq ft GFA
AM
0.28
_
PM
4.50
864 Toy/Children's Superstore
_
1000 sq ft GFA
__. _ ..
AM
- _
No Peak Hour Data Available
PM
4.99
1.00
870 Apparel Store
1000 sq ft GFA
AM
—
. T __...,_._ ___._.-..
PM
3.83
8801 Pharmacy/Drugstore w/o Drive -Through Window
_ _ ..
1000 sq ft GFA
AM
3.20
PM
I 7.63
D
0 * AM and PM peak hours coincide *ak hours of adjacent street traffic. 10
•
ril
x
rt
Gd
V
Measure 181p Table
Peak Hour of
Adjacent Street Traffic
AM and PM peak hours coincide with peak hours of adjacent street traffic.
•
Specific Land Use _
Emit -
j Period
I Rate ICOMMents
AM
Pharmacy/Drugstore w/Drive-Through Window
1000 sq ft GFA
2.661
-881
-
-
---- - - -�
--
- _
- _PM
- -
10,401 --_ -
.- AM
890
`�--
Furniture Store
1000 sq ft GFA
._ _..
0.17' .._�
PM
0.45
-
895—
Video- Arcade
q - -
1000 s ft GFA
AM
--
- No Peak Hour Data Available.-
vailablePM
PM
10.64
896
Video Rental Store
1000 sq ft GFA
AM
-
No Peak Hour Data Available
PM
13.60
911
Walk-in Bank
1000 sq ft GFA
AM
4.07
- -
PM
33.15
3.06
912
Drive-in Bank
1000 sq ft GFA
--- -
AM
PM
9.37
AM and PM peak hours coincide with peak hours of adjacent street traffic.
•
92
Measure S Trip Table
Peak Hour of
Adjacent Street Traffic
I.
0 * AM and PM peak hours coincide I's oak hours of adjacent street traffic. 0
General Non -Residential Use Categories
Commercial (Retail Service Commercial, Administrative Professional
Financial and Recreational and Marine Commercial
General Plan Industrial
General Plan Public, Semi -Public, & Institutional
Unit
1000 sq ft GFA
1000 sq ft GFA
1000 sq ft GFA
Period
Rate Comments
AM
3.00,
FM
4.00
1.00
1.00
AM
FM
AM
1.50
FM
1.50
I.
0 * AM and PM peak hours coincide I's oak hours of adjacent street traffic. 0