HomeMy WebLinkAbout92-44 - General Plan Amendment 91-1B Growth Management Element•
RESOLUTION NO. 92 -44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING A GROWTH
MANAGEMENT ELEMENT OF THE NEWPORT BEACH
GENERAL PLAN [General Plan Amendment 91 -1(B)]
WHEREAS, as required by California Government Code Section 65300 et
seq. the City of Newport Beach has adopted a General Plan, which includes Land Use,
Circulation, Housing, Noise, Recreation and Open Space, Conservation of Natural
Resources, and Public Safety Elements; and
WHEREAS, said General Plan sets forth objectives, supporting policies and
limitations for development in the City of Newport Beach; and
WHEREAS, pursuant to Government Code Section 65303 the General Plan
may include any other elements which, in the judgement of the legislative body, relate to
the physical development of the city; and
WHEREAS, on November 6, 1990, the voters of Orange County approved the
Revised Traffic Improvement and Growth Management Ordinance (Measure M), which
provides for new transportation revenues; and
WHEREAS, Measure M requires each local jurisdiction to adopt a Growth
Management Element of its General Plan in order to be eligible to receive new Measure
M transportation revenues; and
WHEREAS, pursuant to California Planning and Zoning Law and Section 707
of the Charter of the City of Newport Beach, the Planning Commission held a noticed
public hearing on April 9, 1992, to consider the proposed Growth Management Element of
the Newport Beach General Plan; and
WHEREAS, the Planning Commission has recommended that the City
Council adopt the Growth Management Element; and
• WHEREAS, pursuant to the California Environmental Quality Act an Initial
Study has been conducted to evaluate the potential environmental impacts of the Growth
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Management Element. The Initial Study concluded that the project could not have a
significant effect on the environment, therefore a Negative Declaration has been prepared.
NOW, THEREFORE, BE IT RESOLVED that based upon the information
• contained in the Initial Study, comments received, and all related documents, the City
Council finds there is no substantial evidence that the project could have a significant effect
on the environment, therefore the Negative Declaration is hereby adopted. The Negative
Declaration adequately addresses the potential environmental impacts of the project, and
satisfies all the requirements of CEQA. The Negative Declaration reflects the independent
judgement of the City Council and was reviewed and considered prior to approval of the
project.
BE IT FURTHER RESOLVED that the City Council hereby adopts the
Growth Management Element of the General Plan as attached hereto in Exhibit A.
ADOPTED this 11th day of May , 1992.
ATTEST:
ii
Attachment:
h
Mayor
Exhibit A: Growth Management Element of the General Plan
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DRAFT
• GROWTH MANAGEMENT ELEMENT
CITY OF NEWPORT BEACH GENERAL PLAN
May 11, 1992
Resolution No.
TABLE OF CONTENTS
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A. Statement of Purpose and Intent 1
B. Introduction 1
• 1. Overview 1
2. Consistency with Other General Plan Elements 1
3. Implementation Process 2
4. Relationship to State and Federal Highway System 2
C. Definitions 2
D. Goals and Objectives 4
E. Policies 4
1. Traffic Level of Service 4
2. Development Mitigation 5
3. Development Phasing 5
F. Implementation Programs 6
1. Development Mitigation Program 6
2. Comprehensive Phasing Program 6
3. Performance Monitoring Program 7
4. Traffic Improvement /Public Facilities Development Agreements 7
5. GMA /Inter - Jurisdictional Planning Forum 7
6. Capital Improvement Program 7
7. Transportation Demand Management (TDM) Ordinance 7
8. Additional Implementation Programs 7
A. Statement of Purpose And Intent
The purpose and intent of this Element is to mandate that growth and development
shall be based upon the City's ability to provide an adequate circulation system
pursuant to the Orange County Division, League of California Cities "Countywide
Traffic Improvement and Growth Management Plan Component."
• B. Introduction
1. Overview
The Growth Management Element (GME) contains policies for the planning
and provision of traffic improvements that are necessary for orderly growth
and development. Presented in this Element are policies and programs for
the establishment of specific traffic level of service (LOS) standards,
development mitigation, and development phasing. In addition, this Element
includes an implementation program for annual monitoring.
The GME is divided into six sections. Section A provides a statement of
purpose and intent for the Element. Section B provides an overview of the
Element and includes discussion regarding General Plan consistency and
Element implementation. Section C provides definitions for terms utilized in
the Element. Goals, objectives and policies for the GME are provided in
Sections D and E. Section F includes a discussion of implementation
programs for achieving the goals and objectives of the GME.
2. Consistence with Other General Plan Elements
A major goal of the Growth Management Element is to ensure that the
planning, management and implementation of traffic improvements are
adequate to meet the projected needs of the city. While this goal is a high
priority, it must be achieved while maintaining internal consistency among the
other elements of the General Plan as required by state law. Therefore, the
GME does not replace or supersede any of the other General Plan elements;
instead, the GME addresses, amplifies and supports land use policies and
traffic LOS standards that are included in the other General Plan elements.
The GME also serves as the primary resource document for City growth
management policies. Although there is a certain amount of overlap among
the General Plan elements, the GME serves a valuable function by collecting
all City policies regarding growth management in one location.
The GME is implemented through various coordinated programs developed
to support and carry out its goals, objectives and policies. In addition, this
Element has been crafted to minimize duplication between Measure M and
Congestion Management Program (CMP) requirements.
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3. Implementation Process
The GME provides the policy framework for the City's Growth Management
efforts. These policies are implemented through the programs described in
Section F. All privately - initiated land use element amendments, zone
changes, and other discretionary projects considered after adoption of the
Element will be specifically reviewed for consistency with GME policies. In
addition, the City will implement the GME through its land use and
• circulation system planning and Capital Improvement Program.
4. Relationship to State and Federal Highway System
While the GME addresses the need for the phasing of arterial highway
improvements, it is recognized that the federal and state highway system is a
significant component of the City's overall transportation system. State
highways within the city include Coast Highway (SR 1), Newport Boulevard
(SR 55), and the Corona del Mar Freeway and MacArthur Boulevard (SR
73). In addition, the San Diego Freeway (I -405) passes approximately one
mile north of the city's northern boundary. These highways were designed
primarily to serve inter - regional transportation needs, and they are currently
experiencing severe congestion due to insufficient capacity. As a result, an
increasing number of drivers are using the arterial network as an alternate to
the congested freeway system. Within Newport Beach, Coast Highway, which
was originally planned as a state freeway, is particularly impacted by spillover
traffic as drivers traveling between south Orange County and northern Orange
County or Los Angeles County seek to avoid congestion on the San Diego
Freeway.
C. Definitions
For the purpose of this Element, the following definitions will be utilized:
1. Capital Improvement Program (CIP) shall mean a listing of capital projects
needed to meet, maintain and improve a jurisdiction's adopted Traffic Level
of Service Standards. The CIP shall include approved projects and an analysis
of the costs of the proposed projects as well as a financial plan for providing
the improvements.
2. Comprehensive Phasing Program (CPP) shall mean a road improvement and
financing plan which responds to the level of service requirements in this
Element. With regard to road improvements, a CPP must include level of
service requirements and take into account measurable traffic impacts on the
circulation system. The CPP is implemented through the City's Traffic
Phasing Ordinance (NBMC Chapter 15.40) and the Capital Improvement
Program.
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3. Critical Movement shall mean any of the conflicting through or turning
movements at an intersection which determine the allocation of green signal
time.
4. Development Phasing Program shall mean a program which establishes the
requirement that building and grading permits shall be approved or issued in
a manner that assures implementation of required transportation and public
facilities improvements. The City shall specify the order of improvements and
• the phasing of development based, at a minimum, on mitigation measures
adopted in conjunction with environmental documentation and other relevant
factors. The Traffic Phasing Ordinance provides the administrative mecha-
nism for establishing development phasing programs.
5. Deficient Intersection Fund shall mean a trust fund established to implement
necessary improvements to existing intersections which do not meet the
Traffic Level of Service Policy.
6. Deficient Intersection List shall mean a list of intersections that: 1) do not
meet the Traffic Level of Service Policy for reasons that are beyond the
control of the City (e.g., ramp metering effects, traffic generated outside the
City's jurisdiction, etc.); and, 2) are not brought into compliance with the LOS
standard in the most current Seven -Year Capital Improvement Program.
Additional intersections may be added by the City to the deficient intersection
list only as result of conditions which are beyond the control of the City.
7. Growth Management Areas (GMAs) shall mean subregions of the County
established by the City- County Coordination Committee (or successor) to
promote inter jurisdictional coordination in addressing infrastructure concerns
and in implementing needed improvements.
8. Growth Management Element shall mean the Growth Management Element
of the General Plan as required by the Revised Traffic Improvement and
Growth Management Ordinance (Measure M).
9. Local Transportation Authority as currently designated by the Board of
Supervisors shall mean the Orange County Transportation Authority.
10. Measurable Traffic shall mean a traffic volume resulting in a 19b, increase in
the sum of the critical movements at an intersection.
11. All other terms shall be as defined in the Zoning Code as of the date of
adoption of this Element.
D. Goals and Objectives
The goals of this Element are to reduce traffic congestion and ensure that adequate
transportation facilities are provided for existing and future residents of the city.
These goals shall be accomplished through implementation of the policies and
programs set forth in this Element.
Achievement of these goals shall be measured by the following objectives.
• 1. Transportation: The circulation system shall be implemented in a manner
designed to achieve the established Traffic Level of Service Policy.
2. Development Phasing: Development shall be phased in a manner consistent
with the Traffic Phasing Ordinance and any applicable Comprehensive
Phasing Program.
These goals and objectives are consistent with the Circulation Element, which
contains the following statement:
The basic objective is the construction of public transportation facilities which,
in conjunction with programs to reduce peak hour traffic, will accomodate
vehicular traffic generated by land use within the City of Newport Beach at
acceptable levels of service; to reduce, to the extent possible, the impact of
summer visitor and tourist travel along Balboa Peninsula, on Balboa Island, and
West Newport, and provide a safe, convenient and enjoyable system of bikeways
that meet the needs of all cyclists.
E. Policies
1. Traffic Level of Service
It is the policy of the City that necessary improvements to transportation
facilities to which the project contributes measurable traffic, shall be
constructed and completed to attain Level of Service (LOS) D at the
intersections under the sole control of the City within the timeframes
established by the Traffic Phasing Ordinance.
Intersections exempt from this policy include facilities under the jurisdiction
of another city or the state, or those included on the Deficient Intersection
List established pursuant to this Element. However, it is the policy of the
City that all development will be assessed a mitigation fee as required by the
Fair Share Traffic Contribution Ordinance (NBMC Chapter 15.38) and the
Traffic Phasing Ordinance.
Achievement of the adopted level of service standard and implementation of
required transportation improvements shall take into consideration extraordi-
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nary transportation circumstances which may impact identified intersections
and /or timing of the required improvements. An example of an extraordinary
circumstance would be when arterial roadways serve as temporary alternate
routes (thus impacting LOS performance) while planning and construction of
freeway improvements are underway.
Level of service (LOS) will be measured by the Traffic Phasing Ordinance
and Newport Beach City Council Policy S -1 (Administrative Procedures for
Implementing the Traffic Phasing Ordinance), which are consistent with the
Traffic Level of Service Policy Implementation Manual established by the
Local Transportation Authority.
2. Development Mitigation
It is the policy of the City that all new development shall pay its fair share of
the costs associated with that development, including regional traffic
mitigation. This policy is implemented through the Fair Share Traffic
Contribution Ordinance and the Fair Share Resolution. This ordinance and
accompanying resolution determine the total unfunded cost of completing the
City's Master Plan of Streets and Highways (i.e., the total cost less anticipated
revenues from other governmental entities, City revenues earmarked for
roadway construction, and projects required to be funded by private
developers in conjunction with approved development projects) and allocate
this cost to future developments based on established traffic generation rates.
It is the policy of the City to work with other jurisdictions through Inter -
Jurisdictional Planning Forums (see Policy 4) to determine minimally
acceptable impact fee levels for application within the GMA.
It is the policy of the City that new Measure M sales tax revenues shall not
be used to replace private developer funding which has been committed for
any project or normal subdivision obligations.
3. Development Phasing
It is the policy of the City that development shall be phased in accordance
with Circulation Element policies, the requirements of the Traffic Phasing
Ordinance, and the City's Capital Improvement Program. It is the intent of
this policy that all development proposals shall contain a development phasing
plan which establishes an overall build -out development limit which can be
supported by implementation of the planned infrastructure system, as well as
a phasing allocation of development commensurate with roadway capacities,
where appropriate.
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4. Inter - Jurisdictional Planning Forums
It is the policy of the City to participate in inter - jurisdictional planning forums
at the GMA level to discuss developments with multi jurisdictional impacts
and appropriate mitigation measures.
5. Capital Improvement Prog am
• A Capital Improvement Program shall be established to meet and maintain
the adopted traffic level of service standards. The CIP shall be consistent
with Measure M and state Congestion Management Program requirements.
6. Balanced Land Use
It is the policy of the City to foster balanced land use as a means of creating
opportunities for people to live, work, shop, and play within the same general
area, thereby reducing demands on the circulation system. This policy is
consistent with Policy A of the Land Use Element, which states:
The City shall provide for sufficient diversity of land uses so that schools,
employment, recreation areas, public facilities, churches and neighborhood
shopping centers are in close proximity to each resident of the community.
7. Transportation Demand Management _ (TDM)
It is the policy of the City to promote traffic reduction strategies through
TDM measures, as required by the Transportation Demand Management
Ordinance (N.B.M.C. Chapter 20.08).
F. Implementation Programs
1. Development Mitigation Pro ram: The purpose of the Development
Mitigation Program is to ensure that all new development pays its share of the
costs associated with providing the road improvements needed to serve that
development. This program is implemented through the City's Fair Share
Traffic Contribution Ordinance and the Traffic Phasing Ordinance. The City
will continue to coordinate with other jurisdictions within the GMA regarding
appropriate impact fees.
2. Comprehensive Phasing Program: The Comprehensive Phasing Program is
implemented through the Traffic Phasing Ordinance and Council Policy S -1
(Administrative Procedures for Implementing the Traffic Phasing Ordinance).
The TPO is designed to permit major new development only where adequate
transportation facilities exist, are being implemented, or will be installed in
conjunction with the development.
3. Performance Monitoring Program: This program will ensure that required
road improvements or funding are actually provided in order for development
to continue. If the improvements /funding are not provided, development
shall be deferred until compliance with the provisions of this program are
achieved.
In addition, the Performance Monitoring Program will provide an annual
evaluation of the maintenance of transportation service levels. Annual traffic
reports provided under this program shall utilize data collected within six
is months of preparation of the report but not within the time period of June
through August and November 15 through January 5. In the event that the
Performance Monitoring Program identifies one or more service level
deficiencies, measures shall be implemented to correct identified deficiencies.
4. Traffic Improvement /Public Facilities Development Agreements: In the event
the financing and implementation provisions of this Element are implemented
through subsequent, legally valid Traffic Improvement /Public Facilities
Development Agreements, these agreements shall be consistent with this
Element and its implementing ordinances, plans and programs.
5. GMA /Inter- Jurisdictional Planning Forum
orum
The City will continue to participate in the Inter - Jurisdictional Planning
Forum for the Growth Management Area to review developments and
circulation system improvements that affect multiple agencies.
6. Capital Improvement Pro rg_am
The City will continue to maintain a Capital Improvement Program consistent
with the requirements of Measure M and the state Congestion Management
Program.
7. Transportation Demand Management (TDM) Ordinance
The City will continue to enforce the provisions of the Transportation
Demand Management Ordinance.
8. Additional Implementation Programs: Other implementing measures, as
deemed necessary by the City to further the goals of this Element, may be
established.
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