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Home My WebLink About11 - General Municipal Election Ballot Measure - Amended PagesPursuant to Section 9295 of the Elections Code, the impartial analysis will be made available in the City Clerk's Office for public examination during the 10- calendar day period commencing on Tuesday, July 29, 2014, and ending on Friday, August 8, 2014; and any direct argument will be made available in the City Clerk's Office for public examination during the 10- calendar day period commencing on Friday, August 1, 2014, and ending on Monday, August 11, 2014. Filing of Rebuttal Arguments Rebuttal arguments must be filed not more than 10 -days after the deadline for filing direct arguments, or Monday, August 11, 2014, and are limited to no more than 250 words. Any rebuttal argument will be made available in the City Clerk's Office for public examination during the 10- calendar day period commencing on Tuesday, August 12, 2014, and ending at 4:30 p.m. on Friday, August 22, 2014. The resolution relative to rebuttal arguments is attached as Attachment D. Proposed Ballot Language Charter Section 423 does not specify the information to be included on the ballot. The general focus of the public discussion during this Land Use Element Amendment process has beenin. respect to.the proposed changes in the number of dwelling units and the amount of non - residential square footage, and the corresponding change in the number of average daily vehicle trips (''ADTs "). Therefore, staff is recommending that the proposed ballot language read as follows: "Amendment of the Newport Beach General Plan, Land Use Element Shall the Land Use Element of the Newport Beach General Plan be amended to provide for a reduction of non - residential development square footage by 375,782 square feet, while concurrently increasing the number of residential dwelling units by 138 units, resulting in a reduction of an estimated 2,922 average daily vehicle trips ?" This proposed ballot language does not state the change in A.M. and P.M. peak hour trip generation associated with the land use changes; it only references the reduction in ADTs. If the City Council wishes to include the peak hour information on the ballot, staff recommends that the A.M. and P.M. peak hour trip generation as estimated by the current Newport Beach traffic model and analyzed in the Final Supplemental Environmental Impact Report (SEIR) be used. The Newport Beach traffic model is also the source of the average daily vehicle trips reduction of 2,922. The traffic model's corresponding reduction is 200 A.M. Peak Hour Trips and 271 P.M. Peak Hour Trips. Staff notes that this estimated peak hour trip generation is different than what was shown in the Charter Section 423 Analysis ( +1,076 A.M. and +1,561 P.M.) for the General Plan Amendment. The difference is attributed to the use of the peak hour generation rates included in City Council Policy A -18, Guidelines for Implementing Charter Section 423, which are only intended to determine if an amendment requires voter approval. In preparing the recommended ballot language, staff addressed this difference in detail. In particular, how does City Council Policy A -18's peak hour generation rates vary in intent and precision from the current Newport Beach Traffic Model's (and SEIR) rates? City Council Policy A -18 rates are a different metric and have a different purpose (determining if an amendment requires voter approval) than the Newport Beach Traffic Model. The Traffic Model's analysis is both more current and is more accurate in estimating the peak hour trip changes related to the Land Use Element project than the peak hour trip changes that result from City Council Policy A-1 8's analysis. To the extent selecting one analysis over another may be perceived as skewing information available to the voters, staff is recommending that no A.M or P.M. trip data be included in the proposed ballot language, instead referencing solely changes in ADT. Staff welcomes any public or Council opinions on this recommendation 11 -3 ENVIRONMENTAL REVIEW: A General Plan Land Use Element Amendment Final Supplemental Environmental Impact Report (SEIR) (No. ER2014 -002, SCH No. 2013101064) has been prepared to evaluate the environmental impacts resulting from the Amendment, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). It is anticipated that before the City takes action on this agenda item, the City Council will have adopted and certified the SEIR as complete and adequate by adoption of Resolution No. 2014 -65. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Resolution Calling Election for Ballot Measure -AMENDED Exhibit 1 - Attachment 1 - Table LU2 Anomaly Locations Exhibit 1 - Attachment 2 - Land Use Maps Attachment B - Resolution Consolidating Election with County Attachment C - Resolution Regarding Impartial Analysis and Direct Arguments Attachment D - Resolution Regarding Rebuttal Arguments 11 -4 July 22, 2014 ATTACHMENT A Agenda Item No. 11 RESOLUTION NO. 2014 -68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014 FOR THE SUBMISSION OF PROPOSED LAND USE ELEMENT AMENDMENTS TO THE GENERAL PLAN WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on the first Tuesday after the first Monday of November in each even numbered year for the e action of officers and for such other purposes as the City Council may prescribe; S WHEREAS, under the provisions of Section -".00M of t City Charter of the City of Newport Beach, a General Municipal November 4, 2014; WHEREAS, Section 423 of voter approval of any WHEREAS, the City be held on Tuesday, and the Measure S Guidelines require I Plan that exceeds certain thresholds; and to submit to the voters at the election a question relating to a proposd Land Use Element Amendment to the General Plan. NOW, THEREFQ E, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the provisions of Sections 400 et seq. of the City Charter, there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 4, 2014, a General Municipal Election for the purpose of voting on the proposed Land Use Element Amendment to the General Plan provided in this Resolution. 11 -Att A -1 SECTION 2. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on Tuesday, November 4, 2014, the following question: MEASURE Amendment of the Newport Beach General Plan, Land Use Element Shall the Land Use Element of the Newport Beach General Plan be amended to provide for a reduction of non - residential development square footage by 375,782 square feet, while concurrently increasing the number of residential dwelling units by 138 uni resulting in a reduction of an estimated 2,922 average daily v trips? SECTION 3. attached as Exhibit 1. YES NO SECTION 4. The ballolts~,t6%WW ed at the election shall be in a form and content as required by law. SECTION S. Th,i,lerk is authorized, instructed and directed to coordinate with the County of Orange Ridgistrar of Voter to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 p.m.) of the same day when the polls shall be closed pursuant to California Elections Code Section 10242, except as provided in California Elections Code Section 14401. 11 -art a -2 SECTION 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 10. The City Council authorizes the City Clerk tW,administer said election and all reasonable and actual election expenses shall bE pain by the City upon presentation of a properly submitted bill. PASSED, APPROVED AND ADOPTED on,this 2 "d day of July, 2014. Rush N. Hill, II Mayor ATTEST:, Leilani I. Brown City Clerk 11 -Att A -3 EXHIBIT 1 to Resolution No. 2014 -68: Calling the General Municipal Election For the Submission of Amendments to the Newport Beach General Plan, Land Use Element 11 -Att A -4 EXHIBIT 1 -ATTACHMENT 1 Table 11.12 Anomaly Number Anomaly Statistical Area Locations 'land Use `De efopment Desi nation --L I - i - - "D'evelopmeht limit Other) ' -; ; -Additional information 1 L4 MU -H2 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -H2 1,052,880 2.1 L4 MU -H2 18,810 11,544 sf restricted to general office use only (included in total square footage) 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 fi L4 . ' �NtUH2 �- r 46044 ��'" �- -� - , ; , � Conorepate care use allowed with deveopm ritlimit4148000sfif proiectis'tfioneutral > 7 1.4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -H2 463,409 13 L4 CO -G 288,264 14 L4 CO- GIMU -H2 860,884 15 L4 MU -H2 228,214 16 L4 CO -G 344,231 17 L4 MU -H2 33,292 256 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 226,910 21 J6 CO -G 687,000 Office: 660,000 sf; Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940. 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 l`CG -: -� 5490050 462 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 Li CO -R 484,348 35 Lt CO -R 58,746 35.1 - Ll MU H3 -_-_3160"'_ : - 11 -Att A -5 Table Anomaly Number I Statistical Area :I Land Use Development Desi nation umn, -; Development Limit Other ! Additional Information 'I 36 L1 CO -R 227,797 37 L1 CO -R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO -M 443,627 39 L1 MU -H3 697,059 40 L1 MU -H3 1,593,109 295 Hotel Rooms (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 L1 CV 532 Hotel Rooms 44 L1 CR 1,636,025 680Theater Seats (not included in total square footage) 45 L1 CO -G 162,364 46 Lt MU -H3 /PR 3,725 7 Tennis Courts and 27 Hotel Rooms (not included in total square footage) Residential permitted in accordance with MU -H3. 47 Lt CG 105,000 48 Lt MU -1-13 95,550 524 Dwelling Units Residential permitted in accordance with MU -H3. 49 L1 PI 45,208 50 Lt CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 it CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 247,402 144 Dwelling Units (included in total square footage) 60 N CV 2;660;9901.659.000 Z4601,14 9 Hotel Rooms ( incuded in total square footage) 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 46;M L634 64 M3 CN 74,9972143 65 M5 CN 80,000 66 J2 ON 438598122986 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO -G 11,630 Newport Beach General Plan 11 -Att A -6 Table . . Anomaly Statistical Ltintl Use -- Development Number Area Deii notion Limit, , Develo ment Limit (Other - Additional Information 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 L1 PR 56,000 City Hall, and the administrative offices of the City of Newport Beach, and 75 L1 PF related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four 76 H1 CO -G 0.5 FAR legal lots are consolidated into one parcel to provide unified site design 157 Hotel Rooms (included in total 77 H4 CV 240,000 square footage) 78 85 CM 139,840 Development limit of 19,905 sq.ft. permitted, provided all six legal lots are 79 H4 CG 0.3/0.5 consolidated into one parcel to provide unified site design 80 Reserved 81 Reserved "` °CNe, "103912`1P,r�a 1 82 N r, Residential must be located outside the f CO R CO M� 500 Dwelhna Units (ot included m` Regional Commercial 50 000 sf. ': - 84 ,, Li r , CR MU H3 " , 550 000 at square fdolage i � ` _ Allowed m Sia4shcal Area Lt m addition x to otherr "'develobmehtlimits �. Newport Beach General Plan 11 -Att A -7 EXHIBIT 1 - ATTACHMENT 2 Land Use Element — Reference Map FI6n,e wl GENERALPLAN mxw.�a..n Fw 11 -Att A -8 Existing: Multi -Unit Residential (RM 18 DU /AC) Proposed: General Commercial (CG 0.5 FAR) LU2 -Anomaly 66 �J /. Remove 0.3 FAR See Table LU2 - Create Anomaly 82 Harbor View Center See Table LU2 - Anomaly 64 Harbor Day School Existing: Private Institution (PI 0.35 FAR) Proposed: Private Institution (PI 0.40 FAR) LA FELIDIDAD I(I e o Feel o Map Reference 10 The Bluffs {WCpJ} irllt�`2 City of Newport Beach GIS Division July 10, 2014 J m 0 a z f sr 9 00 115 0 F� Map Reference 11 Gateway Park m b City of Newport Beach GIS Division July 10, 2014