HomeMy WebLinkAbout2009-08-05_GP-LCP IC Agenda Meeting PacketAGENDA
General Plan/LCP Implementation Committee
August 5, 2009
3:30 p.m.
City Council Chambers
1. Approve Action Minutes from June 10, 2009
Attachment No. 1
3:30-3:35pm
2. Amendment to City Council Policy A-18 (Measure S Guidelines) — Review
proposed changes and provide comments to staff
Attachment No. 2 3:35-3:55pm
3. Draft Zoning Code Review— Provide comments to staff on Parts 1, 2 and 3 of the
second public draft zoning code
Attachment No. 3 (Previously Distributed) 3:55-5:10pm
4. Future Meeting Dates — Direct staff to schedule future meeting dates
5:10-5:20pm
5. Items for Future Agenda
6. Public Comments on non -agenda items
7. Adjourn
Attachments:
1. Draft Action Minutes from June 10, 2009
2. Amendment to City Council Policy A-18
3. Draft Zoning Code — 2nd Public Draft (Previously Distributed)
5:20-5:25pm
5:25-5:30pm
Attachment No. 1
Action Minutes from June 10, 2009
CITY OF NEWPORT BEACH
GENERAL PLAN/LCP IMPLEMENTATION
COMMITTEE
DRAFT ACTION MINUTES
Action Minutes of the General Plan/LCP Implementation Committee held at the City Council
Chambers, City of Newport Beach, on Wednesday, June 10, 2009
Members Present:
X
Ed Selich, Mayor, Chairman
X
Leslie Daigle, Council Member
X
Don Webb, Council Member
X
Barry Eaton, Planning Commissioner
X
Robert Hawkins, Planning Commissioner
X
Michael Toer e, Planning Commissioner
Advisory Group Members Present:
Mark Cross
Larry Frapwell
William Guidero
X Ian Harrison
X Brion Jeannette
Don Krotee
Todd Schooler
Kevin Weeda
Dennis Wood
Staff Rearesentatives:
E = Excused Absence
Sharon Wood, Assistant City Manager
X
David Le o, Planning Director
X
Aaron Harp,, City Attorney
Patrick Alford, Senior Planner
X
James Campbell, Senior Planner
X
Gregg Ramirez, Senior Planner
X
Dan Campagnolo, Planning Systems
Administrator
X
Makana Nova, Assistant Planner
X
Fern Nueno, Assistant Planner
Melinda Whelan, Assistant Planner
E = Excused Absence
Committee Actions
1. Agenda Item No. 1 —Approval of minutes of April 15, 2008.
Action: Committee approved draft minutes.
Vote: Consensus
2. General Plan/LCP Implementation — Master Task List
Action: Committee received update of tasks from staff
Vote: None
3. Agenda Item No. 2. — Draft Zoning Code Review
A. Bluff Development Standards
Action: The Committee received an update showing the development zones
for coastal bluffs that were established by the development lines
approved at previous meetings.
• Include the coastal bluff and canyon development limit maps
as in the zoning code.
• Include the coastal bluff and canyon development limits in the
draft code as an: overlay district.
• Delete section HA Minor Adjustment of Development limits.
• Retaining walls
o Implement a City wide, 8 -foot maximum height limit for
retaining walls with a minimum 6 -foot horizontal
separation between retaining walls. Height shall be
measured from natural and finished grade.
o Provide examples of architectural details which will
improve the aesthetic impact of retaining walls.
• Add 2945 Ocean Boulevard to the bluff development
standards map so that further development down the bluff face
shall not be permitted.
• Review the relevant coastal land use policies to rectify any
inconsistencies with the proposed standards.
• Revise 183 Shorecliff to encompass the entire structure of
existing development. A portion of the structure is obscured on
the GIS aerial by vegetation.
• Add area B at the bottom section of 3317-3431 Ocean
Boulevard.
Vote: Consensus
B. Canyon Development Standards
Action: The Committee and Advisory Members discussed and directed staff
to:
• Return with revised regulations for the canyons once a
determination on whether Buck Gulley and Morning Canyon
will be designated a Very High Fire Severity Zones (VHFSZ)
determination has been made.
Vote: Consensus.
C. Code Schedule
Action: Committee directed staff to incorporate the revised regulations in the
draft code as recommended.
• Release the second draft of the Zoning Code on July 24.
• Review of second draft scheduled two weeks after release.
Vote: Consensus
4. Agenda Item No. 3 — Items for future agenda
Action: Cancel meeting for June 24th and, continue discussion on Agenda Item
2B, Bluff Development Regulations ata future meeting.
Vote: Consensus'
5. Agenda Item No: _5 - Public Comments on non -agenda items
None
6. Meeting Adjourned 5:30 p.m.
S
Attachment No. 2
Amendment to City Council Policy A-18
CITY OF NEWPORT BEACH
MEMORANDUM
TO: General Plan/LCP Implementation Committee
FROM: Sharon Wood, Assistant City Manager
DATE: August 5, 2009
RE: Amendment to City Council Policy A-18
Attached is a proposed amendment to City Council Policy A-18, with changes shown in
underline/tt•�ut. This policy provides direction on implementing Measure S and
Charter Section 423 with regard to General Plan amendments. Six areas of
amendment to this policy are proposed to keep the policy up to date, to make it
consistent with the City Charter and General Plan and to provide additional clarity, as
follows:
1. Title changed to "Guidelines for Implementing Charter Section 423" to reflect
inclusion of Measure S in City Charter.
2. Marinapark language deleted because no longer relevant.
3. Land use categories changed to those in 2006 GP.
4. "Peak hour trip" definition provides that Trip Rate Table shall be updated without
an amendment to policy.
5. Variable FAR language deleted because this concept is no longer in General
Plan.
6. Special uses language clarified.
Staff recommends that the Committee recommend approval of the amendment to the
City Council.
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MEASURE «GUIDELINES FOR IMPLEMENTING CHARTER SECTION 423
(1) INTRODUCTION
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.
On November 6, 2006, the Newport Beach electorate approved Measure V, a
comprehensive update and amendment of the General Plan Land Use Element.
The Land Use Element approved by Measure V presents land use entitlement
information in new tables and maps, and regulates non-residential entitlement by
floor area ratio (FAR) differently than the Land Use Element that was in effect
when Measure S was a1212roved. The City Council has determined, based on staff
analysis and public input, that these Guidelines, as amended for consistencv with
the 2006 Land Use Element, are consistent with the 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 defirdtions 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 term "allowed use" means any land use(s)
permitted by the General Plan on property or in an area. An allowed use
may be defined in terns 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.
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B. Amendment. The word "Amendment" means any proposed amendment
of the General Plan 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, (traffic,) floor area (intensity) or dwelling units density of
neera;-ea when compared to the General Plan 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. eRpeeified in the third senteaee F
04s-Seeae;-41he word "approve" (and any variations such as approved or
approval) 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 `:4., C....nE4 shall be deemed ,iaye-=ayrfeved" an
Afl-,ernd ient_if, prier T
to ..1 ' 1 ..4 c
} �2003�the eu :I .d the I:�
Amendment Ea v icaeatie
b
b
+eement C_
,.h.,.:..n',... ,.F
the A El 4 a' 1J te 1 4er-s after eensid 4'the G
- 1=FRC-FI-a}n`I ncz-i-i<^rsii'ati
b
Ce 4 4' -1 r1 1' 1 11 1 Eeftifiieatian 4
b
Guidelines. I' T1 1 F !1 1 d 1 Section shag
_ _______-____. __._ _.rr__. _...,. ....� ..b.��..."....�..,�...,..�. .,.. 4.u� wpm
net be eenst3-ued as a reeedeRt to].
.Ey GOUREil approval of any ethei,
..e extent ef these dine-QT�
D. Dwelling Unit. The term "dwelling unit" mewls "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 Plan 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 net been T�•17 7 !, 200shall, when
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considered by the Plarming Commission and City Council and when
submitted to the voters, describe the proposed entitlement in both floor area
and the appropriate unit of measurement for that special use as utilized in
the Trip Rate Table.
F. 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."
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- (1) "Cominercial" (which
includes the General Plan designations of. "Retai4 ServiE Neighborhood
Commercial", dmirtistrative Peefession3al FinrncialCorridor
Commercial" "General Cornmercial" and "Recreational and Marine
Conunercial" and "Visitor Serving Commercial");t (2) "Commercial Office"
(which includes the General Plan designations of "General Commercial
Office', "Medical Commercial Office" and "Regional Commercial Office");
"General In dustrial";;(4) "Airport Office and Supporting_(5) the non-
residential portions of "Mixed Use" categories; - and L�L"Public, Sen -ti
Public & Institutional-"- (which includes the General Plan desimnations of
"Public Facilities", "Private Institutions", "Open Space" "Parks and
Recreation" and "Tidelands and Submerged Lands-)".
H. Peak Hour Trips. The tern "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.
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Exhibit B shall be updated annually or as often as ITL- revises the Trip Rate
Table, and this update shall not be considered an amendment to this policy.
L Peak Hour Trip Rate. The tern "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 houf tfip rate fer
si dentiai . is pee4f:, d in the T.-ip 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 onn 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 Plarming Director and the Transportation and Development Services
Manager (Traffic Engineer). The morning and evening peak hour trip rates
shall be listed separately.
J. Prior Amendment. The term "Prior Amendment" means ala Amendment
that:
1. Affects property or an area within the same statistical area as an
Amendment that is being considered by the Planing Conunission
and/or City Council; and
2. Was approved by the City Council after December 15, 2000; and
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 tern "residential use' means General Plan entitlement
that is stated in terms of dwelling units.
L. Statistical Area. The tern "statistical area" shall mean one of the statistical
areas identified (on page-NFigure LU3)) in the Land Use Element of the
General Plan approved by the City Council on Geteber—ul 245 1-9882006
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(Exhibit C). The term statistical area also means any new statistical area(s)
established for property annexed to the City subsequent to Oeteb,,. 2 .,
July 25, 2006 and in such event Exhibit C shall be modified to depict any
new statistical area(s).
(3) METHODOLOGY
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 traffic, intensity or density of allowed and proposed uses
This Section describes the methodology and assumptions to be used for purposes
of calculating the traffic maximwn peak hour trips)., intensity (floor area) and
density (dwelling units) of allowed uses and proposed uses.
A. Traffic/Peak Hour Trips. The purpose of this Section is to assist the Cih
Council Planning Commission staff, the public and property owners in
understanding and calculating the traffic generated by allowed and
proposed uses. Section 423 specifies that Seet. n 423 req+ ices veter
Aecording is —Sec i -ate
HIEreasses the Fnax4num ameunt f traffir, 1 II
eived use- Eeiild generate."
Tthe term "significantly increases" means "over 100 peak hour trips
(I+affie)." 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 m.xirnum 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 General Plan and the increase in peak
hour hips 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. 1f 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
hour trip rate from the Trip Rate Table for each specific use shall be
used in proportion to the amount of entitleunent 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 L
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 Subsection 1 from the morning
and evening peak hour trips, respectively, determined pursuant to
Subsection 2.
B. Intensity/Floor Area. The purpose of this Section is to assist the City
Council, Planning Cornrnission, staff, the public and property owners in
understanding and calculating the "intensity of allowed uses" (allowed
intensity) pernnitted 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 sSubsection 2, employs the following methods of.
specifying allowed intensity: (a) allocating a specific amount of floor area
(specific floor area allocation); or (b) assigning a fixed -floor area ratio (fix4
floor area ratio), with the allowed intensity calculated by multiplying the
applicable floor area ratio ("FAR") by the gross land area of the parcel -,-(e)
assigrnitng a variable fieer ales "^t'^ fi7em the "base FAR" of 0.5 to c
ffiaxifflum FAR of n 69 n aG " nn 1.25 ("fnaximum itted F n W) it
1. Methodology. Except for "special uses" covered in subsections 2 and
.Tthe increase in intensity resulting from approval of an
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Amendment shall be calculated by subtracting the allowed intensity
from the proposed intensity. Both ex-is4t7tgallowed and proposed
intensity shall he calculated as follows:Ealeulated in .,,_eerd... ivid
prepesed (i) the specific floor area
allocation; or (ii) the fixedapUlicable FAR multiplied by the
gross land area.
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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 ITE 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 4 -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 theateres in terms of seats. _The City
has, in the-Estiaated Grew r Tables— LU2 Anomalv Locations,
either fe. al uses are leen k.a
assigned a e."+iatel}-1,000 square feet of floor area for each hotel
room or indicated the number of hotel rooms allowed on the site
Table LU2 also indicates the number of theater seats allowed on
certain_ sites, wlile the intensity limit for other sites where theaters
are allowed is indicated in Table LU1 Land Use Plan Categories For
the uurposes of this policy, the rate of 1,000 square feet per hotel
room and 15 square feet fere 42g theater seat shall be usedfer-
these i, ati lnraa
3. Special Uses/MethodoloU. 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 1,000 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 "Density/hltensitV"
colunul of Table LU1 ILand Use Plan Categories or Table LU2
Anomaly Locatit the he cr a �tRti5-66al
Arca im, Avlaieh the p Eel lecated or the amount of floor area
of the allowed uses existing on the parcel at the time the application
for the Amendment is filed.
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C. Density/Dwelling Units. 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 "Cable. The Entitlement Table shall describe, by Statistical
Area, the peak hour trip traffic floor area (intensity) and dwelling unit
density a d `� ,�zkaar�a 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
Amendment shall be removed from the Entitlement Table ten (10) years
after approval by the City Council.
P. 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 Amendnnent(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 Category. 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 allo,,ved density (dwelling units) and no
density credit shall be given for allowed intensity (floor area). For example,
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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, traffic peak 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 enviromnental 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.
B. Staff Reports. The Planning Department shallprepares Planning
Conunission and City Council staff reports for each Amendment. All
Plamning 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;
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4. A table that identifies each Prior Amendment (see definition in
Section (2)J) including any increase in Peak Hour Trips, Floor Area,
TMwcll;,,, is and/or Dwelling, Units Pea's 4er:r T-4ps, and 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 aiatsfloor area and dwelling units resulting from
Prior Amendments (see definition in Section (2)J) to the increases in
peak hour trips, floor area dwelli; un itsand/ or dwelling units £-leer
area (as appropriate) resulting from the Amendment under
consideration.
6. 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. Citv 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 Amendment requires voter approval pursuant
to Section 423. The City Council shall submit an Amendment to the voters
if:
1. 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
�. 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
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-23. 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
e
4. The increase in morning or evening peak hour trips, floor area or
dwelling units er Roor area resulting from the Amendment when
added to eighty percent (80%) of the increases in morning or evening
peak hour trips, floor area or dwelling units or 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
sSubsection 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 Inave entered into a
written agreement to share the costs of the special election. The —City
Council shall, at the tune 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 enviroiunental analysis conducted of the Amendment
that will help the electorate make an informed decision on the Amenchnent.
In the absence of an ordinance or Charter provision that establishes a
procedure for submittal of arguments or rebuttals relative to City measures,
tine City Council shall, at the time 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.
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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 subunits for
voter approval an Amendment that is subject to Section 423. The City
Council has also deternnined 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 - July 13, 2004
Amended -
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Attachment No. 3
Draft Zoning Code — Public Draft No. 2
(Previously Distributed)
Public Draft No. 2 of the Zoning Code can be accessed on-line at:
www.newportbeachca.gov/index.aspx?page=1284