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HomeMy WebLinkAbout17 - Protection from Traffic & Density Initiative - Greenlight�gwcoRTO CITY OF NEWPORT BEACH o4 COMMUNITY AND ECONOMIC DEVELOPMENT �'�•� ^ "P PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 Hearing Date: Agenda Item No: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL March 28, 2000 17 Sharon Z. Wood (949) 644 -3222 SUBJECT: Protection from Traffic and Density Initiative — Assumptions and Methodology for Evaluating Previous General Plan Amendments ACTION: Approve or modify assumptions and methodology to be used in evaluating previous General Plan Amendments to determine impacts of the Protection from Traffic and Density Initiative. On February 8" the City Council authorized the City Manager to retain the services of The Planning Center for the preparation of a planning analysis of the Protection from Traffic and Density Initiative. The Initiative has provisions that need interpretation before the implications of the initiative in the various statistical areas in the City can be assessed. Staff and the consultant have developed a list of assumptions to be used in the evaluation of the General Plan Amendments approved over the last ten years. Attachment 1 contains a draft summary of assumptions and methodology staff proposes to use in evaluating the potential effects of the measure. Our intent is to clarify areas of ambiguity so that a fair evaluation can be made by all interested parties. The following issues are addressed in Attachment 1: • How should " floor area" be defined? • What is the effective date determining the preceding 10 years? • How should trips, floor area and dwelling units be calculated when a project, as constructed, does not use the full development entitlement approved in an amendment? • How should trips, floor area and dwelling units be calculated for amendments involving a change from one land use to another (e.g., residential to commercial)? Attachment 2 contains a proposed format for compiling the statistics needed to determine where each statistical area stands in relation to the retrospective provisions of the initiative. The consultant is in the process of gathering data from previous General Plan amendments. Once these issues have been clarified, the consultant will commence an evaluation of previous General Plan Amendment approvals in all statistical areas of the City. Submitted by: SHARON Z. WOOD Assistant City Ma er Attachments: 1. Draft Assumptions and Methodology 2. General Plan Amendment Summary Format 3. Protection from Traffic and Density Initiative Page 2 A d w bl7 o � o >, 1d y O C^I ~ N � C V C u o O. R L 7 y y �L C O .C. u 0 L iSl O b A U A — y Q G 3 � o C C •O v C G .y: z A ^� m N O C •C 09 N E p N '� V �a O ^C �! ti p N O C y « ti U C C O QO v N C N C v a N W w v •p .O .N. 0. .� oq A d O U u G W v o via O G > v h r U %"• O.N � O 'C r G .0 C p'0 � �w L A'O N v p N p �=' b d >' '° v m �' m O n v p .v, is b G L G G^ •p C � v E G v •O w p p, 'N �.. b m .G � O� p O G v C m 09 L DCA p� v .� •o > ° L A? 0 7 n V C y�� C� AGO' d a E •O 0. v 'N"^ E � O L^ N � •^ ^y L « Q v N ti E ppp.P' .N 0 0 0 E m ou 0 ou o 0 v v •p r^ ' w .0 v = U U " v d 0> p O a N L a,> N m E 'p •y 0. U 7= F •0 vG F N C °°A v id w s > F G U C p C v G O rL m 7 p� E ro W '~v0 N w •d 'O ; •p A G 'O G iooa^�c ^O �.5w «op>v�wEy03vg Eo G� O O� A .G v « .v. N d u c 0 3 'O .o � Q o d •o p C C> b ^ .E .. 4. p U V y '^" aGi A 'y n ro 'y O v v 8 0 A o c E v c ^ A O > v q d U•p v n Q W w °.5 Cq A.5 .°�. O b A U S E E � u c y dmo C O.o E Z u d C N C7 m a n E Z Em E a t7 m= �LL "C a Z,- a` o ry Z LL E U a c K J 6 F � �a x s m � a ¢ � N @ o 0 Z z Z LL m c a'J F � � LL on¢ aN: ¢da � a `o 0 0 Z LL cD c o ¢ F � . a m o v x Y 0 Aaa a 9 0 N Z u: 'o LL m c C J E E N 0 E 9 C 0 E a LE m m v m a n E Z Em E a t7 INITI. E MEASURE TO BE SUBMITTED DIRECTLY TO TI-If TERS The city attorney has prepared following title and summary of the chief purpose and poin-..f the proposed measure: "A MEASURE TO AMEND THE NEWPORT BEACH CITY CHARTER TO REQUIRE VOTER APPROVAL OF CERTAIN AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN The proposed measure, if approved, would amend the Newport Beach City Charter (Charter) to require voter appro val of certain amendments to the Newport Beach General Plan (General Plan). The Measure would nquue voter approval of any amendment to the General Plan that has been adopted by the City Council and is defined as a "major amendment." A "major amendment" is defined as one that would, individually or in combination with previous amendments in the "same neighborhood ", generate more than 100 peak hour trippss (trips), add more than 100 dwetling units (density), or add more than 40,000 square feet of floor atwt ('intensity). To tletennme if any specific amendment is "major". the trips, density or intensity of that amendment are added to so% of the trippss,, densety or intensity resulting from other amendments affecting the "same neighborhood" that have been adopted b the City Council within the preceding ten years. Amendments affect the "same neighborhood" if they affect the same Statistical Area as shown on the excerRt (page 89) from the Land Use Element of the General Plan that is attached to the petition. Any major amendment" adopted by the City Council would not take effect until submitted to the electorate at the rust muntctpa� election after adoption and approved by a majority of those voting on the measure The City Council may submit a "major amendment" to the electorate at a spec election if the City and the applicant for the amendment agree to share the costs of the special election. Each "major amendment" must be presented to the electorate as a separate and distinct ballot measure that is worded so that a "Yes" vote approves the amendment and a "No" vote rejects the amendment. The voter approval requirement of the proposed Measure would apply to any "major amendment" unless prohibited by state or federal law. The proposed Measure includes six "Paragraphs" with various titles beginning with "Purpose" and ending with "Severabili " . If the proposed Measure is approved these "Paragraphs" would not become part of the City Charter but do express the intent of the voters and would provide guidance in interpreting, implementing and administering the City Charter. The proposed Measure is intended to apply to all "majoramendments' initiated after the fling of the Notice of Intent to Circulate Petition" (June 21, 1999) except those amendments that have a "vested right" to proceed. The "peak hour trips" generated by any amendment are to be calculated using the "mod recent version" of the Trip Generation Manual of the Institute of Transportation Engineers." Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Newport Beach. To the city council of the City of Newport Beach: We, the undersigned, registered and qualified voters of the State of California, residents of the City of Newport Beach, pursuant to Section 3 of Article XI of the Califmnia Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council of the city this petition and request that the following proposed amendment to the charter of the city be submitted to the registered and qualified voters of the city for theiradoption or rejection at an election on a date to be determined by the city council The proposed charter amendment reads as follows: First. Amendment. Article IV of the City Charter of Newport Beach is amended by adding the following provisions as Section 423: "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 - - - - - - - - - - - ahe proposed amendment is continued mr the other side of this paper.) - - - - - - - - - - NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. This column for All signers of this oetition must be registered to vote in the Citv of Newport Beach. Orange County. California. official use only. D ECLARATI ON,�dy 9p2CULA1p$I.-[Po be compiet5)(Rer above signatures have bcert obtained.) (PRINT your name 4) 1. -'*'i r. , „ fm r5osterj� to vote in the Citx of Newport Beach, Orange County. California. My residence address ii I I circulated this petition and saw each o7fthe //appended signatures beingrwrittPVEaeh signature on this petition is. to the ben of my information and belief, the gerwine alnrafurc f the person whose pSine rj/ptir% t be. All signatures on this document were obtained between the data of and / \. lam unde�p�ly of perjury sealer the laws of the Sate n Ctdifomia6az a gone a correct. / ` �. /,/ Executed on 1 ,AO/ i a ;California. Signature./ V • • ^ ° "A 7 `" i (Print N ' _ (Resigcrice Address ONLY ,s I (Signature (Print(2 ej _ i (Gry) (Date' (Residence Address 9ba,)11 n e„ 2. (Signature) lily (Date) (Print NF,,,.r (Residence A #ress ONLY) 3. (Signature) I _[ (Print Name) (City) r (Date) - -- (Residencx: Address ONLY) !'v ' 4. _ I _ _ _ (Signature) _ (Print Name) /� (City (Date), e Address ONLY) 3. (, 2, / \en �. �('Cltxyn—e� (Si turc) (Date) D ECLARATI ON,�dy 9p2CULA1p$I.-[Po be compiet5)(Rer above signatures have bcert obtained.) (PRINT your name 4) 1. -'*'i r. , „ fm r5osterj� to vote in the Citx of Newport Beach, Orange County. California. My residence address ii I I circulated this petition and saw each o7fthe //appended signatures beingrwrittPVEaeh signature on this petition is. to the ben of my information and belief, the gerwine alnrafurc f the person whose pSine rj/ptir% t be. All signatures on this document were obtained between the data of and / \. lam unde�p�ly of perjury sealer the laws of the Sate n Ctdifomia6az a gone a correct. / ` �. /,/ Executed on 1 ,AO/ i a ;California. Signature./ V • • ^ ° "A 7 `" i - - - - - - - - - - - - - - - - - (proposed amendment. continued) - - - - - - - - - - - - - - - - - - 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, 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 200/0. 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. Page two (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 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. ------------------- (End ojproposed ballot measure.)------------=----- The following copy of the Notice of Intent to Circulate Petition is printed trere as required by Elections Code sections 9207 and 9256: Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Newport Beach for the purpose of submitting to the voters a proposed amendment to the Charter of the City of Newport Beach. A statement of the reasons of the proposed action as contemplated in the Petition is as follows: Future growth in Newport Beach is guided by the General Plan. To avoid gridlock this limits growth to what will produce about 20% more traffic than we have now. Even that limit is now in danger. Lobbyists are putting heavy pressure on the city council to keep granting General Plan changes which will raise that limit ever higher. Requiring a vote of the people on any change which raises that limit significantly will take pressure off the city council, and protect the people from unwanted increases. Date of first publication: July 30, 1999. Signed: Eve lyn R Hart, Philip 4 Arsf, Thomas E, H y mu, Proponents Page three i Pa"" Rc Page four U p U i TO THE CIRCULATOR: Thant: you for volunteering to help out. Please watch the signatures being written, so you can sign the "Declaration of Circulator" underneath them. Where it says 'obtained between the dates of and " put in the fast date and the last date among the five signature dates. Then sign the declaration and return the petition to the person who gave it to you, or mail it to GMENLIGtit• P.O. Box 100 Balboa Island CA 92662 -0100 Thank you.