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HomeMy WebLinkAbout17 - Measure S GuidelinesMarch 27, 2001 Agenda Item No. 17 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO: Mayor & Members of the City Council FROM: City Attorney RE: Measure S Guidelines DATE: March 27, 2001 BACKGROUND The City Council has held four public meetings to discuss, and receive testimony on, proposed guidelines to implement Measure S. Staff has- prepared draft guidelines that are intended to reflect the "straw votes" taken by the City Council on February 13, 2001 and modifications requested by the City Council on March 13, 2001. However, staff has determined that a key component of the guidelines — the manner in which "existing traffic" is calculated — requires substantial changes and the draft guidelines will be distributed on Friday, March 23, 2001. This memo discusses the issue related to the calculation of "existing traffic" and summarizes key provisions that have modified based on prior City Council direction. DISCUSSION 1. CALCULATION OF EXISTING TRAFFIC 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 Sand Section 423 do not specify how to determine the "maximum amount of traffic that allowed uses could generate." Previously, the draft Guidelines proposed to calculate the amount of traffic permitted by the existing General Plan on the basis of the highest peak hour trip rate for any "allowed use." However, the highest peak hour trip rate of any "allowed use" in areas designated commercial would be 153.8 trips per hour for a specific type of fast food restaurant. If that peak hour rate were used to calculate "the maximum amount of traffic that allowed uses could generate" there would rarely be an amendment that 0 increased traffic to the extent voter approval was required Staff is now considering a number of options regarding the calculation of traffic allowed by the existing General Plan. One of the options is to calculate peak hour trips on the basis of the higher of the peak hour trip rate of the existing use or the proposed use if both are allowed under the existing General Plan. However, this is not a perfect solution and staff will be evaluating different approaches in the two days since there are numerous fact - specific scenarios to consider. 2. TRIP GENERATION RATE The draft Guidelines have been revised to use the morning and evening weekday average peak hour rate of adjacent street traffic as the basis for the Trip Rate Table. The morning and evening rates of allowed uses before and after an amendment would be the basis for deciding if the amendment resulted in an increase of more than 100 morning or evening peak hour trips. 3. STRICT APPLICATION Staff has modified the language that allows the Council to deviate from the Guidelines when a strict application would be inconsistent with the express purpose of Measure S. The City Council would be permitted to deviate from a strict application upon a determination, supported by six (6) affirmative votes, that to do so would be inconsistent with the purpose of Measure S. 4. PROCESSING AMENDMENTS The revised Guidelines require Planning Commission and City Council staff reports to provide information on the peak hour trips, floor area and /or dwelling units authorized by the general plan before and, assuming approval, after the amendment. The revised Guidelines require this information to be provided to the applicant within thirty (30) days after filing. The staff reports are required to include a statement that this information should not be considered in the decision to approve or reject the amendment. 5. ENTITLEMENT UNDER EXISTING GENERAL PLAN The General Plan frequently designates a parcel or geographical area as commercial with a flexible floor area ratio (FAR) depending on the type of land use. In the case of a 40,000 sq. ft. "commercial" site with a flexible FAR, entitlement could range from 12,000 sq. ft. for a restaurant use (reduced FAR use - .3 times land area) to 30,000 sq. ft. for a mini - storage use (maximum FAR - .75 times land area). The flexible FAR recognizes the different traffic generating characteristics of different commercial uses. The Guidelines propose to use the land use proposed by the amendment as the basis for calculating existing entitlement to ensure an "apples to apples" comparison. For example, in the previous example, an amendment that proposed a 20,000 square foot restaurant would be considered to increase floor area by 8,000 sq. ft. (20,000 proposed minus 12,000 permitted). At least one Measure S supporter believes the Guidelines should use the "maximum" permitted floor area as the basis for comparison — a theory that, in the previous example, would result in no increase in floor area for purposes of Section 423. 6. DEFINITION OF FLOOR AREA The Council selected the definition of floor area in the Municipal Code as the basis for calculating floor area. However, the Council wanted staff to prepare language that would give Council the option of including parking structures in the definition of floor area. If the Council wants to include parking structures in the definition of floor area, the following should be added at the end of the text in definition of floor area: "...and the total above grade horizontal surface area of above grade parking structures." RECOMMENDATION Staff is recommending adoption of the proposed Guidelines as submitted with the understanding that staff will continue to evaluate alternative methods of calculating "existing" traffic. • Robert Burnham March 27, 2001 Agenda Item No. 17 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO: Mayor & Members of the City Council FROM: City Attorney RE: Measure S Guidelines Calculation of Traffic DATE: March 27, 2001 INTRODUCTION In our previous memo, staff advised the City Council that a "key component of the Guidelines — the manner in which 'existing traffic' is calculated — required substantial changes." This memo transmits revised Guidelines and the Trip Rate Table and discusses the approach recommended by staff to calculate "existing traffic." DISCUSSION 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 "allowed uses" or propose any method of determining the "maximum amount of traffic that allowed uses could generate." The previous Guidelines, in an effort to closely conform to the wording of Measure and Section 423, proposed to calculate the amount of traffic permitted by the existing General Plan on the basis of the highest peak hour trip rate for any "allowed use." As you know, the majority of property in the City is designated in terms of relatively broad land use categories that permit a wide range of uses with large variations in peak hour trip rates. For example, the highest evening peak hour trip rate of any "allowed use" in areas designated "Retail and Service Commercial" would be 153.8 trips /1000 sq. ft. for a specific type of fast food restaurant — almost 50 times the rate for general retail uses. While the concept of comparing the highest rate for existing allowed uses with the highest proposed rate is most consistent with the precise wording of Measure S, the result would be to eliminate traffic increases as a basis for requiring voter approval of an amendment. Staff is proposing the use of peak hour trip rates for the non - residential land use categories that represent a blending of the ITE trip rates for the most prevalent uses within each category. These rates are shown in the Trip Table that accompanies this memo. These peak hour rates are similar to the rates used in development of the Newport Beach Traffic Analysis Model - the tool we use to determine General Plan consistency. RECOMMENDATION Staff is recommending adoption of the proposed Guidelines as submitted (including the Trip Ote Table). Burnham COUNCIL POLICY A -18 A. 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. The City Council may deviate from a strict application of these Guidelines to an amendment upon a determination, approved by the affirmative vote of at least six Council members, that a strict application would be contrary to the express purpose of Measure S. LZ 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 any Amendment. (1) Allowed Use(s). The term "Allowed Use(s)" means the land use(s) permitted on property or in a geographical area by the General Plan prior to approval of an Amendment pertaining to that property or geographical area. In certain cases the Allowed Use(s) are those defined and precise land uses that have been applied by a resolution speck to that property or a geographical area. In the majority of cases, the Allowed Use(s) are defined only in terms of a Residential Use Category and /or a Non- residential Land Use Category generally applicable to various property or geographical areas throughout the City. (2) Amendment. The word "Amendment" means any amendment of the General Plan approved by the City Council after December 15, 2000, that, when compared to the General Plan prior to approval, increases the number of Peak Hour Trips, Dwelling Units or Floor Area. (3) Dwelling Unit. The term "Dwelling Unit" means "dwelling unit" as defined in Section 20.03.030 of the Newport Beach Municipal Code (Code). (4) Entitlement The word "Entitlement" means the maximum amount of Floor Area, Dwelling Units or other measure of density or intensity (such as hotel rooms or marina slips) authorized by the General Plan for each Allowed Use on any property and /or in any geographical area. The term Entitlement when preceded by the word "proposed" shall mean the Entitlement requested by an Amendment. The Entitlement for any Allowed Use on any property or geographical area shall be based on the text of the General Plan and the Entitlement Table. (5) 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." (6) Non - residential Use (Category). The term Non - residential Use means any land use (other than a Residential Use) authorized by a Non - residential Use Category that generates any Peak Hour Trips and 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 Code. The term "Non- residential Use Category means one of the six (6) non - residential land use categories applicable to property or a geographical area pursuant to the General Plan. The Non - Residential Use Categories are "Retail Service Commercial ", "Administrative Professional and Financial Commercial', "Recreational and Marine Commercial ", "General Industry", "Governmental, Educational and Institutional Facilities ", and °Recreational and Environmental Open Space." The term Non - residential Use also includes a "group residential use" and 'limited care residential use" as defined in the Code. (7) Peak Hour Trips. The term "Peak Hour Trips" means the number of vehicle trips equal to the applicable Peak Hour Trip Rate as specified in the Trip Table (Exhibit B) multiplied by the appropriate quantity of the relevant "unit" (of measurement) as stated in the Trip 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. (8) Peak Hour Trip Rate. The term "Peak Hour Trip Rate" means the morning and evening average weekday rate of the adjacent street traffic as specified in the Trip Rate Table and as derived from the ITE Manual. 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. that: (9) Prior Amendment. The term "Prior Amendment" means an Amendment (a) affects property or a geographical area within the same Statistical Area as an Amendment that is being evaluated to determine if voter approval is required pursuant to Section 423; (b) was approved by the City Council after December 15, 2000; (c) 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 (d) 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. (10) Proposed Use(s). The term Proposed Use shall mean the land use(s) proposed for property or a geographical area by an Amendment. Proposed Use(s) may be defined and precise land uses and /or a Residential Use Category or Non - residential Use Category. (11) Residential Use Category. The term "Residential Use Category" means one of four residential use categories described in the General Plan. The Residential Use Categories are "Single Family Detached ", "Single Family Attached ", "Two Family Residential ", or "Multi- family Residential." The term Residential Use Category does not include a group residential use or a limited residential care use as those terms are defined in the Code. (12) 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 established for property annexed to the City subsequent to October 24, 1988 and Exhibit C shall be modified to depict any new Statistical Area. C. METHODOLOGY This Section describes the methodology and assumptions to be used for purposes of calculating the Peak Hour Trips, Floor Area and Dwelling Units of the Allowed Uses before and after an Amendment. (1) 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 traffic resulting from an Amendment. 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 "authorized" under the existing 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 Allowed Use(s) and the increase, if any, in the Peak Hour Trips resulting from Proposed Use(s) if an Amendment is approved: (a) The Peak Hour Trips that Allowed Use(s) could generate before and after the Amendment shall be calculated by multiplying the Entitlement of each Allowed Use(s) for the property or geographical area by the morning and evening Peak Hour Trip Rate for that Allowed Use as specified in the Trip Table. (b) The Peak Hour Trips that Proposed Use(s) could generate shall be calculated by multiplying the proposed Entitlement of each Proposed Use for the property or geographical area by the morning and evening Peak Hour Trip Rate for that Proposed Use as specified in the Trip Table. (c) The increase, if any, in Peak Hour Trips resulting from an Amendment shall calculated by subtracting the morning and evening Peak Hour Trips of the Allowed Use(s) from the morning and evening Peak Hour Trips, respectively, of the Proposed Use(s) and selecting the larger number. (2) Floor Area. The Floor Area authorized in the General Plan for property or a geographical area before and after the Amendment shall be determined on the basis of the maximum amount of Floor Area authorized by the General Plan for all Non - residential Uses before and after the Amendment In the event the Entitlement for a Non - residential Use is designated in terms other than Floor Area (such as hotel rooms or boat slips) the determination as to whether the Amendment requires voter approval shall be based solely on the differential in Peak Hour Trips. If the General Plan authorizes varying amounts of Floor Area depending on the type of Non - residential land use (variable floor area limits), the Entitlement for Allowed Use(s) shall be based on the maximum amount of Floor Area allowed by the General Plan for the Proposed Use(s). For example, the General Plan allows Floor Area ranging from 12,000 sq. ft. (restaurant) to 30,000 sq. ft. (warehouse) on a 40,000 sq. ft. parcel designated "Retail Service Commercial" with a variable floor area limit. If the Proposed Use is a 22,000 sq. ft. restaurant, the increase in Floor Area would be 10,000 sq. ft. (the difference between the 22,000 sq. ft. Proposed Use and the 12,000 sq. ft. Allowed Use). (3) Dwelling Units. The Dwelling Units authorized in the General Plan for property or a geographical area before and after the Amendment shall be determined on ' the basis of the maximum number of Dwelling Units specified for the property or geographical area before and after the Amendment. (4) Trip Rate Table. The Trip Rate Table contains the morning and evening average weekday Peak Hour Trip Rate for each land use specked in the ITE Manual. In addition, the Trip Rate Table contains morning and evening average weekday Peak Hour Trip Rates for each Non - residential Use Category. The Peak Hour Trip Rates for the Non - residential Use Categories are based on the vehicle trip rates and related data in the ITE Manual for the various land uses that are most prevalent in each Non - residential Use Category. The City Council finds that the Peak Hour Trip Rates for the Non - residential Use Categories represent the only feasible means of determining the "maximum amount of traffic that allowed uses could generate" as required by Section 423. 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. (5) Entitlement Table. The entitlement for any property or geographical area prior to an Amendment shall be based on the text of the then current General Plan and, when adopted, the provisions of an 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 submitted to the voters pursuant to Section 423 and an Amendment shall be removed from the Entitlement Table ten (10) years after adoption. (6) 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: (a) The Amendment(s) with the earliest date(s) of initiation (for example GPA 2001 -1A) shall be deemed approved before an Amendment with later date of initiation (for example 2001 -213). (b) In the event that more than one Amendment was initiated at the same time, the Amendments shall be deemed approved in alphabetical order (for example GPA 2001 -1A deemed approved before GPA 2001-113). D. PROCEDURES This Section describes the information to be provided to the applicant, the Planning Commission and the City Council during the processing of an Amendment. This Section also describes the information to be provided and the process to be followed after an Amendment is approved to determine if voter approval is required by Section 423. 1. Initial Report The Planning Director shall provide an applicant for an Amendment with a copy of these Guidelines at the time the application is filed. The Planning Director shall provide the applicant with an Initial Report that contains the information described in this subsection within thirty (30) days after filing. (a) Residential Use Amendment If an Amendment requests one or more Dwelling Units, the report shall indicate the number of Dwelling Units permitted by the existing General Plan and the number of Dwelling Units requested by the Amendment The report shall also indicate the number of Dwelling Units equal to eighty percent (80 %) of the increase in Dwelling Units resulting from Prior Amendments. The report shall calculate the total of the increase in Dwelling Units resulting from the Amendment and eighty percent (80 %) of the increase in Dwelling Units resulting from Prior Amendments. (b) Non - residential Use Amendment If an Amendment requests one or more square feet of Floor Area, the report shall indicate the amount of Floor Area permitted by Allowed Use(s) pursuant to the existing General Plan and the amount of Floor Area of each Proposed Use as specified by the Amendment. The report shall also indicate the amount of Floor Area equal to eighty percent (80 %) of the increase in Floor Area resulting from Prior Amendments. The report shall calculate the total of the increase in Floor Area resulting from Amendment if approved and eighty percent (80 %) of the increase in Floor Area resulting from Prior Amendments. (c) All Amendments. In all cases, the report shall indicate the number of Peak Hour Trips generated by Allowed Use(s) permitted by the existing General Plan and the number of Peak Hour Trips generated by Proposed Use(s) if the Amendment is approved. The report shall also indicate the number of Peak Hour Trips equal to eighty percent (80 %) of the increase in Peak Hour Trips resulting from Prior Amendments. The report shall calculate the total of the increase in Peak Hour Trips generated by Proposed Uses if the Amendment is approved and eighty percent (80 %) of the increase in Peak Hour Trips resulting from Prior Amendments. An applicant shall not be entitled to rely on the Initial Report for any purpose. The Initial Report does not constitute any commitment or representation of the City or the Planning Director as to whether the Amendment, if approved by the City Council, will require voter approval. The Initial Report shall be available to the public. 2. Staff Reports. The Planning Department prepares Planning Commission and City Council staff reports for each Amendment. All Planning Commission and City Council staff reports related to an Amendment shall contain the information required to be provided in the Initial Report and that information shall be updated as changes are proposed to the Amendment. The staff report shall contain a statement inserted above the material from the Initial Report, and as updated, that the data is provided for "information only" and is not relevant to any finding or decision related to the Amendment. ' 3. Post Approval Report The Planning Director shall within thirty (30) days after approval of an Amendment, prepare and submit to the City Council a report that provides the information required in the Initial Report that has been updated to reflect the Amendment as approved by the City Council (Final Report). The Final Report shall also include a table that identifies each Prior Amendment including any increase in Floor Area, Dwelling Units and Peak Hour Trips and the date on which each Prior Amendment was approved. The Final Report shall also contain any other information that is necessary to the determination required by Section 423. 4. City Council Review. The City Council shall review the Final Report and determine at a noticed public hearing if, based on the Final Report, the administrative record and testimony presented, the Amendment requires voter approval pursuant to Section 423. The City Council shall submit the Amendment to the voters if. (a) the Amendment relates to a Non - residential Use and authorizes an increase in Floor Area for the entire property or geographical area that is the subject of the Amendment that exceeds forty thousand (40,000) square feet when compared to Allowed Use(s); or (b) the Amendment relates to a Residential Use and authorizes an increase in the number of Dwelling Units for the entire property or geographical area that is the subject of the Amendment that exceeds one hundred (100) Dwelling Units when compared to Allowed Uses; or (c) the Amendment modifies the type or amount of Residential or Non- residential Use for the property or area that is the subject of the Amendment such that the Proposed Use(s) generate(s) at least one hundred and one (101) more morning or evening Peak Hour Trips than the Allowed Use(s); or (d) 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 exceeds the voter approval thresholds in Section 423 (specified in subsections (a), (b) or (c)). (5) Calling an Election. In the event the City Council determines that the Amendment requires voter approval, the City Council shall, no more than sixty (60) days after making the determination, adopt a resolution calling an election on the Amendment. 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( f§[§ §§2[2 /§§f�f§ §d)22 \\� ƒ�§§ \7) §7§§ff ,§ 222222 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ K $ $ © \�\ \ \ \ ) ) ) - - - - - - - - - - - - - - - - � 0 ) $ \ E / 2 £ { - / 0 0 . r � \ \ k ! - } 2 ! } ) ; e ) 7! k! 2( e J 0 | t ! £ ! [ > \,\ k 0 o ; co j e § ( / ) c ) ) A \ $ f - E > / / ) < £ _ ! % ¥ § ■ { { ! E E ) ° > ) k 1 1 - ! } « k \ k co 01 A } � \ G 3 : k ) k .9►, - 5/Allo[ COUNCIL POLICY A -18 - A. 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. The City Council may deviate from a strict application of these Guidelines to an amendment upon a determination, approved by the affirmative vote of at least six Council members, that a strict application would be contrary to the express purpose of Measure S. B. 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 any Amendment. (1) Allowed Use(s). The term "Allowed Use(s)" means the land use(s) permitted on property or in a geographical area by the General Plan prior to approval of an Amendment pertaining to that property or geographical area. In certain cases the Allowed Use(s) are those defined and precise land uses that have been applied by a resolution specific to that property or a geographical area. In the majority of cases, the Allowed Use(s) are defined only in terms of a Residential Use Category and /or a Non- residential Land Use Category generally applicable to various property or geographical areas throughout the City. (2) Amendment. The word "Amendment' means any amendment of the General Plan approved by the City Council after December 15, 2000, that, when compared to the General Plan prior to approval, increases the number of Peak Hour Trips, Dwelling Units or Floor Area. (3) Dwelling Unit. The term "Dwelling Unit' means "dwelling unit' as defined in Section 20.03.030 of the Newport Beach Municipal Code (Code). (4) Entitlement The word "Entitlement" means the maximum amount of Floor Area, Dwelling Units or other measure of density or intensity (such as hotel rooms or marina slips) authorized by the General Plan for each Allowed Use on any property and /or in any geographical area. The term Entitlement when preceded by the word "proposed" shall mean the Entitlement requested by an Amendment. The Entitlement for any Allowed Use on any property or geographical area shall be based on the text of the General Plan and the Entitlement Table. (5) 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." (6) Non - residential Use (Category). The term Non - residential Use means any land use (other than a Residential Use) authorized by a Non - residential Use Category that generates any Peak Hour Trips and 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 Code. The term "Non- residential Use Category means one of the six (6) non - residential land use categories applicable to property or a geographical area pursuant to the General Plan. The Non - Residential Use Categories are "Retail Service Commercial ", "Administrative Professional and Financial Commercial ", "Recreational and Marine Commercial ", "General Industry", "Governmental, Educational and Institutional Facilities ", and "Recreational and Environmental Open Space." The term Non - residential Use also includes a "group residential use" and "limited care residential use" as defined in the Code. (7) Peak Hour Trips. The term "Peak Hour Trips" means the number of vehicle trips equal to the applicable Peak Hour Trip Rate for the Allowed Use(s) and the Proposed Use(s) as specified in the Trip Table (Exhibit B) multiplied by the Entitlement represented by appropriate quantity of the relevant nit" (of measurement) as stated in the Trip Table. en these Guidelines require a tement or calculation of Peak Hour Trips, the morning and evening Peak Hour Trips shall each be provided and listed separately. (8) Peak Hour Trip Rate. The term "Peak Hour Trip Rate" means the morning and evening average weekday rate of the adjacent street traffic for the Allowed Use(s) and Proposed Use(s) as specified in the Trip Rate Table and as derived from the ITE Manual. The Peak Hour Trip Rate for the Non - residential Use Categories are as specified in the Trip Rate Table. In the event the Trip 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 rate for the most comparable land use in the Trip Table. The most comparable land use in the Trip 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. that: (9) Prior Amendment The term "Prior Amendment' means an Amendment (a) affects property or a geographical area within the same Statistical Area as an Amendment that is being evaluated to determine if voter approval is required pursuant to Section 423; (b) was approved by the City Council after December 15, 2000; (c) 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 (d) 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. (10) Proposed Use(s). The term Proposed Use shall mean the land use(s) proposed for property or a geographical area by an Amendment. Proposed Use(s) may be defined and precise land uses and /or a Residential Use Category or Non - residential Use Category. (11) Residential Use Category. The term 'Residential Use Category' means one of four residential use categories described in the General Plan. The Residential Use Categories are "Single Family Detached ", "Single Family Attached ", 'Two Family Residential', or "Multi- family Residential." The term Residential Use Category does not include a group residential use or a limited residential care use as those terms are defined in the Code. (12) 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 established for property annexed to the City subsequent to October 24, 1988 and Exhibit C shall be modified to depict any new Statistical Area. C. METHODOLOGY This Section describes the methodology and assumptions to be used for purposes of calculating the Peak Hour Trips, Floor Area and Dwelling Units of the Allowed Uses before and after an Amendment. (1) 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 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 anv allowed use. According, for property or geographical areas with Non - residential Use Categories the Peak Hour Trip Rate 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 "authorized" under the existing 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 Allowed Use(s) and the increase, if any, in the Peak Hour Trips resulting from Proposed Use(s) if an Amendment is approved: (a) The Peak Hour Trips that Allowed Use(s) could generate before and after the Amendment shall be calculated by multiplying the Entitlement of each Allowed Use(s) for the property or geographical area by the morning and evening Peak Hour Trip Rate for that Allowed Use as specified in the Trip Table. If the Allowed Use(s) are designated in terms of one or more Non - residential Use Categories the Peak Hour Trip Rate for the Non- residential Use Category from the Trip Rate Table shall be used. If the Allowed Use(s) are designated in terms of specific land uses the Peak Hour Trip Rate for the Allowed Use with the highest Peak Hour Trip Rate shall be used. (b) The Peak Hour Trips that Proposed Use(s) could generate shall be calculated by multiplying the proposed Entitlement of each Proposed Use for the property or geographical area by the morning and evening Peak Hour Trip Rate for that Proposed Use as specified in the Trip Table. If the Proposed Use(s) are designated in terms of one or more Non - residential Use Categories the Peak Hour Trip Rate for the Non - residential Use Category from the Trip Rate Table shall be used. If the Proposed Use(s) are designated in terms of specific land uses. the Peak Hour Trip Rate for the Allowed Use with the highest Peak Hour Trip Rate shall be used (c) The increase, if any, in Peak Hour Trips resulting from an Amendment shall calculated by subtracting the morning and evening Peak Hour Trips of the Allowed Use(s) from the morning and evening Peak Hour Trips, respectively, of the Proposed Use(s) and selecting the larger number. (2) Floor Area. The Floor Area authorized in the General Plan for property or a geographical area before and after the Amendment shall be determined on the basis of the maximum amount of Floor Area authorized by the General Plan for all Non - residential Uses before and after the Amendment. In the event the Entitlement for a Non - residential Use is designated in terms other than Floor Area (such as hotel rooms or boat slips) the determination as to whether the Amendment requires voter approval shall be based solely on the differential in Peak Hour Trips. If the General Plan authorizes varying amounts of Floor Area depending on the type of Non - residential land use (variable floor area limits), the Entitlement for Allowed Use(s) shall be based on the maximum amount of Floor Area allowed by the General Plan for the Proposed Use(s). For example, the General Plan allows Floor Area ranging from 12,000 sq. ft. (restaurant) to 30,000 sq. ft. (warehouse) on a 40,000 sq. ft. parcel designated 'Retail Service Commercial' with a variable floor area limit. If the Proposed Use is a 22,000 sq. ft. restaurant, the increase in Floor Area would be 10,000 sq. ft. (the difference between the 22,000 sq. ft. Proposed Use and the 12,000 6gn .. ft. Allowed Use). (3) Dwelling Units. The Dwelling Units authorized in the General Plan for property or a geographical area before and after the Amendment shall be determined on the basis of the maximum number of Dwelling Units specified for the property or geographical area before and after the Amendment. (4) 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 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. (5) Entitlement Table. The entitlement for any property or geographical area prior to an Amendment shall be based on the text of the then current General Plan and, when adopted, the provisions of an 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 submitted to the voters pursuant to Section 423 and an Amendment shall be removed from the Entitlement Table ten (10) years after adoption. (6) 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: (a) The Amendment(s) with the earliest date(s) of initiation (for example GPA 2001 -1A) shall be deemed approved before an Amendment with later date of initiation (for example 2001 -213). (b) In the event that more than one Amendment was initiated at the same time, the Amendments shall be deemed approved in alphabetical order (for example GPA 2001 -1A would be deemed approved before GPA 2001 -1 B). D. PROCEDURES This Section describes the information to be provided to the applicant, the Planning Commission and the City Council during the processing of an Amendment. This Section also describes the information to be provided and the process to be followed after an Amendment is approved to determine if voter approval is required by Section 423. 1. Initial Report The Planning Director shall provide an applicant for an Amendment with a copy of these Guidelines at the time the application is filed. The Planning Director shall provide the applicant with an Initial Report that contains the information described in this subsection within thirty (30) days after filing. (a) Residential Use Amendment If an Amendment requests one or more Dwelling Units, the report shall indicate the number of Dwelling Units permitted by the existing General Plan and the number of Dwelling Units requested by the Amendment. The report shall also indicate the number of Dwelling Units equal to eighty percent (80 %) of the increase in Dwelling Units resulting from Prior Amendments. The report shall calculate the total of the increase in Dwelling Units resulting from the Amendment and eighty percent (80 %) of the increase in Dwelling Units resulting from Prior Amendments. (b) Non - residential Use Amendment If an Amendment requests one or more square feet of Floor Area, the report shall indicate the amount of Floor Area permitted by the existing General Plan and the amount of Floor Area requested by the Amendment. The report shall also indicate the amount of Floor Area equal to eighty percent (80 %) of the increase in Floor Area resulting from Prior Amendments. The report shall calculate the total of the increase in Floor Area resulting from Amendment and eighty percent (80 %) of the increase in Floor Area resulting from Prior Amendments. (c) All Amendments. In all cases, the report shall indicate the number of Peak Hour Trips permitted by the existing General Plan and the number of Peak Hour Trips resulting from the Amendment. The report shall also indicate the number of Peak Hour Trips equal to eighty percent (80 %) of the increase in Peak Hour Trips resulting from Prior Amendments. The report shall calculate the total of the increase in Peak Hour Trips resulting from the Amendment and eighty percent (80 %) of the increase in Peak Hour Trips resulting from Prior Amendments. An applicant shall not be entitled to rely on the Initial Report for any purpose. The Initial Report does not constitute any commitment or representation of the City or the Planning Director as to whether the Amendment, if approved by the City Council, will require voter approval. The Initial Report shall be available to the public. 2. Staff Reports. 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 the information required to be provided in the Initial Report and that information shall be updated as changes are proposed to the Amendment. The staff report shall contain a statement inserted above the material from the Initial Report (updated) that the data is provided for "information only" and is not relevant to any finding or decision related to the Amendment 3. Post Approval Report The Planning Director shall within thirty (30) days after approval of an Amendment, prepare and submit to the City Council a report that provides the information required in the Initial Report that has been updated to reflect the final City Council action (Final Report). The Final Report shall also include a table that identifies each Prior Amendment including any increase in Floor Area, Dwelling Units and Peak Hour Trips and the date on which each Prior Amendment was approved. The Final Report shall also contain any other information that is relevant to the City Council review specified in subsection 4. 4. City Council Review. The City Council shall review the Final Report and determine at a notice public hearing if, based on the Final Report, the administrative record for the Amendment and testimony presented, the Amendment requires voter approval pursuant to Section 423. The City Council shall submit the Amendment to the voters if: (a) the Amendment relates to a Non - residential Use and authorizes an increase in Floor Area for the entire property or geographical 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 (b) the Amendment relates to a Residential Use and authorizes an increase in the number of Dwelling Units for the entire property or geographical 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 (c) the Amendment modifies the type or amount of Residential or Non- residential Use specified for the property that is the subject of the Amendment such that the Allowed Use(s) after the Amendment generate(s) at least one hundred and one (101) more morning or evening Peak_ Hour Trips than the Allowed Use(s) before the Amendment; or (d) 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 exceeds the voter approval thresholds in Measure S as specified in subsections (a), (b) or (c). (5) Calling an Election. In the event the City Council determines that the Amendment requires voter approval, the City Council shall, no less 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 proponent of the Amendment has entered into a written agreement with the City to share the costs of the special election. F:\ users\ cat\ shared\ Bumham \MeasureS \guidelines03l9O1 dft.doc 017 - -aAl f 0) Greenlight P.O. Box 888 Balboa, CA 92661 Mayor Garold Adams and Members of the Newport Beach City Council March 27, 2001 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Adams and Council Members: Greenlight is appreciative of the great deal of work that the Council, City Attorney and other staff members have put into the Measure S Implementation Guidelines (Guidelines.) We recognize that there is a strong desire to finish these Guidelines in order to move on to other important matters. However, in the rush to develop a valid method of determining the Peak Hour Traffic impacts of a proposed project, several concerns remain. Additionally, we have repeatedly requested certain changes and again make them known while deferring to the Council's judgment as to whether or not they should be included. The following comments reference the 3 -27 version of Council Policy A -18: (1) Clarification of major undefined terms B. DEFINITIONS (8) Peak Hour Trip Rate There are three entries on the last page of the Peak Hour Tables that are not defined in the Guidelines themselves. These entries provide average rates for some general land use categories but because they are included in the same table as specific land uses, they need to be defined and the methodology of which set of numbers are to be used explained. It is recommended that: (a.) the three general land use trip rates contained at the end of the Peak Hour Tables be placed in a separate table and Labeled "Measure S Trip Table - Peak Hour of General Land Uses" (b.) Change "the most comparable land use in the trip rate table" to "the trip rate of the most comparable land use as obtained from Measure S Trip Table - Peak Hour of General Land Uses Table." The terminology of C. METHODOLOGY (1) should also be revised to match these clarifications of the content of the peak hour trip rate tables. (2) Specific Definition of Proposed Projects In its correspondence Greenlight has requested that whenever possible, Proposed Uses(s) be defined as the specific project being proposed and that that specific project description become the General Plan Entitlement. We believe that this is preferable to a general land use designation as the voters might more favorably review the traffic and environmental mitigation measures for the specific project than a general entitlement over and above what is needed and not mitigated by the specific project. Hopefully, this specificity would aid in the prevention of future situations like the Hughes industrial conversion on Superior Ave. project. B. DEFINITIONS (10) Proposed Use(s) Suggest broadening definition of Proposed use to insert the phrase "specific use with restrictions or" after "mean" in the first sentence. The second sentence is not understood, possibly due to a typo or maybe it means to say what we have proposed. (3) Greenlight remains concerned that above grade parking structures can add to the traffic generation totals of projects. We suggest: B. DEFINITIONS (5) Floor Area Add this sentence at the end "Above -grade parking structures shall be included in the above computations of floor area if they contribute to increased traffic in the City." It is to be noted that since the resultant guidelines would provide a choice to the Council, that only four affirmative votes would be required to make a choice. (4) Definition of Hotel Room as a Dwelling Unit The Newport Beach Municipal Code is referenced in DEFINITIONS (3) of these Guidelines as the definition of Dwelling Unit. The city Municipal code states the definition of "Dwelling Unit" as: "any area within a structure on any parcel which: A. Contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or U B. Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. " We believe that Hotel Rooms fit the definition B. above and should be added to B. DEFINITIONS (11) as a type of Residential Use. Additionally, Hotel rooms are included as an example of a non- residential use in C. METHODOLOGY (2) Floor Area. We request that Hotel be removed from this example because we believe this is not in conformance with the definition of "Residential Dwelling Unit" contained in the B definition of Dwelling Unit contained in the Municipal Code. (5) Council Policing of General Plan Amendments The Guidelines being developed are subject to abuse if entities file for amendments that would use up the remaining entitlements in a statistical area while providing inadequate definition of the specific building plan and uncertain schedules. Measure S specifically assigned a reasonable level of discretion to City Councils by suggesting that they develop the Guidelines themselves. The same reasonable level of discretion was assumed for the review of GPA's by present and future City Councils. They are called upon to act to reject abuses of the guidelines in order to serve the electorate by eliminating the need for ballot measure votes because of undue and premature hogging of entitlements. Our letters to the City Council dated January 23, 2001 and March 13, 2001 recommended providing a specific project description with each GPA to reduce this problem (provided adequate restrictions can be imposed) and establishing policies to exercise judgment on the approval of GPA's. We request that this phraseology be either inserted in the Guidelines or that the Council provide an explanation of what general revisions or implementation of a Council GPA processing Policy will be forthcoming to completely define the overall process. Again, we are all appreciative of the great deal of work that the Council, City Attorney and other staff members have put into these Guidelines and hope to continue to work with you to insure a smooth implementation of Charter Chapter 423. .. kes anligh, a�E*st J March 13, 2001 Item No. 16 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO: Mayor & Members of the City Council FROM: City Attorney RE: Measure S Guidelines DATE: March 13, 2001 BACKGROUND The City Council has held three public meetings to discuss, and receive testimony on, proposed guidelines to implement Measure S. I have prepared draft guidelines that are intended to reflect the "straw votes' taken by the City Council on February 13, 2001. This memo discusses some of the key issues and describes certain provisions that are either new or do not strictly conform to the straw votes. DISCUSSION 1. TRIP GENERATION RATE The Council straw votes expressed a preference for using the average peak hour rate of the land use rather than the peak hour rate of adjacent street. The Guidelines are consistent with the straw votes but retain the option of using adjacent street traffic rates through adoption of the Trip Rate Table if the Traffic Engineer and the Council determine this will better reflect the traffic impact of an amendment. 2. DEFINITION OF FLOOR AREA The Council selected the definition of floor area in the Municipal Code as the basis for calculating floor area. However, the Council wanted staff to prepare language that would give Council the option of including parking structures in the definition of floor area. If the Council wants to include parking structures in the definition of floor area, the following language should be substituted for existing text in A(5): "(5) Floor Area. The term "Floor area" shall be defined as 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, basement or attic areas having a height of more than seven feet and the total above grade surface area of above grade parking structures." 3. ENTITLEMENT AND ENTITLEMENT TABLE Staff recommended, and the Council directed, the preparation of an Entitlement Table that would reflect all of the existing General Plan entitlement. The Guidelines propose a more limited Entitlement Table — one that would reflect only amendments approved after the effective date of Measure S. This will eliminate extensive staff work and we believe the existing General Plan text is, for the time being, more than adequate for purposes of Measure S analysis until subsequent amendments are approved. The Guidelines propose a method of calculating entitlement in some cases that was not discussed in previous memos. The General Plan frequently designates a "base" floor area ratio (FAR) of .5 times the buildable area of a parcel or geographical area, but allows the FAR to vary between .3 (reduced FAR use) and .75 (maximum FAR use) depending on the traffic generation characteristics of the land use. Land uses that generate large amounts of traffic are considered "reduced FAR uses" and entitlement is limited to .3 times the buildable area. In these cases, the Guidelines propose to calculate entitlement, before and after the amendment, based on the maximum permitted FAR of the land use(s) proposed in the amendment. 4. MULTIPLE AMENDMENTS The City Council may approve more than one amendment at the same meeting and staff has, based on a suggestion made at the last meeting, proposed a method of determining the order in which amendment are deemed approved. RECOMMENDATION Staff is recommending adoption of the proposed Guidelines as submitted or as amendment by the City Council. Burnham COUNCIL POLICY A -18 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. This Policy contains the guidelines adopted by the City Council pursuant to Measure S (Guidelines). These Guidelines are intended to assist the City Council in deciding whether an amendment requires voter approval pursuant to Section 423. The City Council shall have the full discretion not to apply all or a portion of these Guidelines to an amendment if the application would result in an analysis or decision contrary to the express purpose of Measure S. A. 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, "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 amendments. (1) Allowed Use(s). The term "allowed use(s)" means any land use "allowed or permitted by the General Plan" before and /or after an amendment. In most cases, the General Plan designates entitlement for property or geographical areas in the City in terms of one of four land use categories (land use category or categories). The four land use categories are "Residential', "Commercial', "Industrial", and "Public, Semi - Public and Institutional' and there are certain land uses authorized within each of the four land use categories. A land use shall be considered to be "allowed or permitted by the General Plan" if it is one of the land uses authorized by the applicable land use category unless the City has, through legally enforceable conditions imposed on the amendment, restricted the land use(s) that are "allowed or permitted by the General Plan." (2) Amendment. The term "amendment' means any amendment of the General Plan approved by the City Council after December 15, 2000, that, when compared to the General Plan prior to approval, increases the number of peak hour trips, dwelling units or floor area. (3) Dwelling Unit. The term "dwelling unit" means "dwelling unit" as defined in Section 20.03.030 of the Newport Beach Municipal Code (Code). (4) Entitlement. The term "entitlement' means the maximum amount of floor area, dwelling units or other measure of density or intensity (such as hotel rooms or marina slips) authorized by the General Plan on any property and /or in any geographical area. The entitlement for any property or geographical area shall be based on the text of the General Plan and the Entitlement Table. (5) 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." (6) Non - residential Use. The term "non- residential use" means any land use, except a residential use, that generates any peak hour trips. The term "non- residential use" includes the 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 Code. The term "non- residential use" includes a "group residential use" and "limited care residential use' as defined in the Code. (7) Peak Hour Trips. The term "peak hour trips' means the number of vehicle trips equal to the peak hour trip rate for a land use multiplied by the quantity of the "unit of measurement" for that land use as stated in the ITE Manual. (8) Peak Hour Trip Rate. The term "peak hour trip rate" means the following: (a) Prior to City Council approval of a Trip Rate Table as described in Section B(4), the peak hour trip rate shall be the higher of the morning or evening weekday average rate of the land use (generator) as specified in the ITE Manual. In the event a land use is not specifically referenced in the ITE Manual, the peak hour trip rate shall be the higher of the morning or evening weekday average rate of the most comparable land use in the ITE Manual. (b) After City Council approval of a Trip Rate Table, the peak hour trip rate of a land use shall be the higher of the morning or evening peak hour trip rate as specified in the Trip Rate Table. (c) The Transportation and Development Services Manager (Traffic Engineer) may adjust the peak hour trip rate determined pursuant to subsections (a) or (b) by an amount not to exceed five percent (5 %). (9) Prior Amendment. The term "prior amendment" means an amendment that: (a) affects property or a geographical area within the same statistical area as an amendment that is being evaluated to determine if voter approval is required pursuant to Measure S; (b) was approved by the City Council after December 15, 2000; (c) was approved within ten years prior to the date the City Council approved the amendment; and (d) was determined by the City Council, or by a final judgment of a court of competent jurisdiction, not to require voter approval pursuant to Measure S and this policy. (10) Residential Use. The term "residential use" means the following residential uses as defined in the Code: (a) single - family residential use; (b) two- family residential use; and (c) multifamily residential use. The term residential use does not include a group residential use or a limited residential care use as those terms are defined in the Code. } (11) 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 and any new statistical area established for property annexed to the City subsequent to that date. B. METHODOLOGY This Section describes the methodology and assumptions to be used for purposes of calculating the peak hour trips, floor area and dwelling units of the allowed uses before and after an amendment. This Section also describes the methodology that will be used in developing the Trip Rate Table (Exhibit B when approved by the City Council) and the Entitlement Table (Exhibit C when and if approved by the City Council). (1) Peak Hour Trips. The peak hour trips of an amendment and the General Plan prior to the amendment shall be calculated by multiplying the full entitlement of the allowed use(s) by the peak hour trip rate of the allowed use with the highest peak hour trip rate. For example, an amendment that authorized 25,000 square feet of medical office (specifically designated through legally enforceable conditions), 10,000 square feet of commercial use; and a marina with 100 boat slips would generate 182 peak hour trips based on the following: (a) The peak hour trip rate of medical office (4.6 trips /1000 sq. ft.) multiplied by 25 fora total of 115 peak hour trips; plus (b) The peak hour trip rate of the allowed use in the commercial land use category with the highest peak hour rate (assuming medical office — 4.6 trips/1000 sq. ft.) multiplied by 10 for a total of 46 trips; plus (c) The peak hour trip rate of a marina (.21 trips /slip) for a total of 21 trips. The calculation of any increase in peak hour trips resulting from an amendment shall be based on the total peak hour trips for all of the entitlement for the entire property or geographical area that is the subject of the amendment. (2) Floor Area. The floor area authorized in the General Plan for property or a geographical area before and after the amendment shall be determined on the basis of the maximum amount of floor area authorized by the General Plan for all non - residential uses before and after the amendment. In the event the General Plan non - residential entitlement for property or a geographical area is designated in terms other than floor area (such as hotel rooms or boat slips) the determination as to whether the amendment requires voter approval shall be based solely on any increase in peak hour trips. In those cases where the General Plan authorizes varying amounts of floor area depending on the type of land use (reduced FAR, base FAR and maximum FAR), the entitlement (before and after the amendment) shall be based on the maximum amount of floor area allowed for the allowed use(s) approved by the amendment. (3) Dwelling Units. The dwelling units authorized in the General Plan for property or a geographical area before and after the amendment shall be determined on the basis of the maximum number of dwelling units specified for the property or geographical area before and after the amendment. (4) Trip Rate Table. The peak hour trip rate for an amendment shall be determined in accordance with the definition in Section A(8) until the City Council has adopted a Trip Rate Table. The Trip Rate Table is intended to be a list of the most common land uses and the peak hour trip rates for each land use based on information in the ITE Manual. The peak hour trip rates in the Trip Rate Table are intended to represent the best professional judgment of the Transportation and Development Services Manager (Traffic Engineer) as to the most appropriate peak hour trip rate (based on information in the ITE Manual) for the most common land use types. In preparing the Trip Rate Table, the Traffic Engineer shall use the peak hour rate of the generator unless the peak hour of the adjacent street traffic more accurately reflects the traffic impact of a particular land use. The Traffic Engineer shall use the "average" trip rate from the ITE Manual (the mean of all data points) unless the "best fit curve" peak hour rate is supported by adequate studies and would more accurately reflect the traffic impacts of the particular land use at varying densities /intensities. The Trip Rate Table shall include the morning and evening peak hour trip rates. The Trip Rate Table shall indicate if the peak hour rate is based on the generator (GR) or adjacent street traffic (AST) and whether the rate is based on the average rate (AR) or the "best fit curve" (BFC). (5) Entitlement Table. The entitlement for any property or geographical area prior to an amendment shall be based on the text of the then current General Plan and the provisions of an Entitlement Table. The Entitlement Table shall describe, by statistical area, the peak hour trips, dwelling unit and floor area increases of each amendment approved by the City Council subsequent to the effective date of Measure S (December 15, 2000). (6) 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: (a) The amendment(s) with the earliest date(s) of initiation (for example GPA 2001 -1A) shall be deemed approved before an amendment with later date of initiation (for example 2001 -213). (b) In the event that more than one amendment was initiated at the same time, the amendments shall be deemed approved in alphabetical order (for example GPA 2001 -1A would be deemed approved before GPA 2001 -1 B). C. PROCEDURES 1. Preliminary Analysis. The Planning Director shall provide an applicant for an amendment with a copy of these Guidelines at the time the application is filed. The Planning Director shall, within thirty (30) days after the application is filed, provide the applicant with a preliminary analysis as to whether, and why, the amendment may require voter approval pursuant to Measure S. The preliminary analysis is intended solely to provide an applicant with information about the possible impact of Measure S. The preliminary analysis does not constitute any binding commitment or formal opinion of the Planning Director or the City with respect to the impact of Measure S on the amendment if approved by the City Council. 2. Post - approval Procedure. After an amendment is approved, the following procedure shall be used to determine if the amendment requires voter approval pursuant to Section 423. (a) Planning Director Report. The Planning Director shall, within five (5) working days after City Council approval of the amendment, prepare a report that provides, at a minimum, the following information with respect to the amendment: (i) If the amendment authorizes, or relates to, a residential use, the maximum number of dwelling units authorized by the General Plan for the entire property or geographical area before and after City Council approval of the amendment. (ii) If the amendment authorizes, or relates to, a non - residential use, the maximum amount of floor area authorized by the General Plan for the entire property or geographical area before and after City Council approval of the amendment. In the case of an amendment that involves entitlement with variable floor area limits depending on the type of land use, the entitlement before and after the amendment shall be based on the land use(s) approved by the amendment. (iii) The number of peak hour trips for all the entitlement authorized by the General Plan for the entire property or geographical area before and after City Council approval of the amendment. (Iv) A table that identifies the increases in floor area (for non- residential uses), dwelling units (for residential uses) and peak hour trips (all land uses) resulting from, and the dates of, prior amendments. The table shall also depict eighty percent (80 %) of the increases in floor area, dwelling units and peak hour trips for all prior amendments. (v) A table that adds eighty percent (80 %) of the increase, if any, in peak hour trips (all land uses), floor area (non - residential uses) or dwelling units (residential uses) from all prior amendments to the increases in peak hour trips, floor area and /or dwelling units resulting from the amendment. The Planning Director shall submit the report to the City Council no later than the second regular meeting of the City Council after City Council approval of the amendment. (b) City Council Review. The City Council shall review the report and determine if, based on the report and any other relevant evidence presented, the amendment requires voter approval pursuant to Section 423. The City Council shall submit the amendment to the voters if: (1) the amendment relates to a non - residential use and authorizes an increase in floor area for the entire property or geographical 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 (ii) the amendment relates to a residential use and authorizes an increase in the number of dwelling units for the entire property or geographical 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 (iii) the amendment modifies the type or amount of residential or non - residential use specified for the property that is the subject of the amendment such that the allowed use(s) after the amendment generate(s) at least one hundred and one (101) more peak hours trips than the allowed use(s) before the amendment; or (iv) the increase in peak hour trips, dwelling units or floor area resulting from the amendment when added to eighty percent (80 %) of the increases in peak hour trips, dwelling units or floor area resulting from prior amendments exceeds the voter approval thresholds in subsections (a), (b) or (c) above. (c) Calling an Election. In the event the City Council determines that the amendment requires voter approval, the City Council shall, no less 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 applicant for the amendment has entered into a written agreement with the City to share the costs of the special election. I I COUNCIL AG NDA NO.Ib 313 vl February 13, 2001 Study Session 'Item #SS3 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO: Mayor & Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Measure S Guidelines Straw Vote Topics DATE: February 13, 2001 BACKGROUND The City Council has held two public meetings to discuss, and receive testimony on, proposed guidelines to implement Measure S. This memo identifies the topics that the Council has identified as matters to "straw vote ", and explains the reasoning for our recommendations to adopt "OPTION A" in each case. We believe these recommendations are consistent with the Council's direction that the guidelines be consistent with Measure S and as uncomplicated as possible. 1. TRIP GENERATION RATE OPTION A. USE THE AVERAGE PEAK HOUR RATE OF THE LAND USE OPTION B. USE THE AVERAGE PEAK HOUR RATE OF ADJACENT STREET Staff is recommending OPTION A because it is more consistent with Measure S which defines a "major amendment" as "one that significantly increases the maximum amount of traffic that allowed uses could generate." 2. TRIP RATES AND TABLES OPTION A. COUNCIL APPROVE TRIP RATE TABLE FOR EACH LAND USE IN ITE MANUAL AFTER PUBLIC HEARING OPTION B. CITY COUNCIL DETERMINES TRIP RATES BASED ON PLANNING DIRECTOR REPORT AFTER APPROVAL Staff is recommending OPTION A with Staff preparing a trip rate table for Council review and approval at a public hearing. The trip rate table would determine whether to use the average trip rate or "best fit curve" as well as the most - appropriate "independent variable" (floor area, employees etc.) for each land use in the ITE Manual. The recommendations would be submitted to the City Council at a public hearing and would become part of the guidelines after approval. 3. LAND USE FOR TRIP RATE CALCULATION OPTION A. HIGHEST RATE FOR ANY USE PERMITTED BY THE AMENDMENT CALCULATED ON BASIS OF ALL ENTITLEMENT OPTION B. HIGHEST RATE FOR ANY PERMITTED USE BASED ON THE GENERAL LAND USE ELEMENT DESIGNATIONS Staff is recommending OPTION A because peak hour trips will be calculated on the basis of highest trip rate of any land use to the maximum extent of the entitlement. The Guidelines will require use of the highest rate of any use that the City would not have the power to prevent or enjoin. Staff will prepare a draft Council Policy — separate from the Measure S guidelines — that addresses the need for specificity in applications for, and decisions to approve, a General Plan amendment. 4. MORNING OR EVENING RATES OPTION A. THE HIGHER OF THE MORNING OR EVENING WEEKDAY RATE OPTION B. ADD MORNING AND EVENING WEEKDAY RATE OPTION C. USE HIGHER OF MORNING OR EVENING ON WEEKDAY OR WEEKEND Staff is recommending OPTION A because Measure S does not provide any guidance and OPTION A will fully reflect the impact of an amendment on the circulation system. 5. DEFINITION OF FLOOR AREA OPTION A. USE ITE DEFINITIONS OF FLOOR AREA WHEN APPROPRIATE OR CODE DEFINITION OF GROSS FLOOR AREA IF NOT. OPTION B. USE CODE DEFINITION OF GROSS FLOOR AREA Staff is recommending OPTION A because Measure S requires use of the ITE Manual to determine trip rates which are expressed in terms of four different definitions of floor area depending on use. The use of ITE Manual definitions of "floor area" will ensure the most accurate calculation of peak hour trips. OPTION B would be easier to administer since staff is familiar with terms in the Code. The wording of Measure S does not support one definition of floor area for determining peak hour trips and another for calculating "intensity." 6. RESIDENTIAL USES OPTION A. FLOOR AREA NOT CONSIDERED FOR RESIDENTIAL USES OPTION B. FLOOR AREA CONSIDERED FOR RESIDENTIAL USES. Staff is recommending OPTION A because there is no correlation between the "floor area" of a residential use and peak hour trips generated by that use. The obvious intent of Measure S is to use "dwelling units" or "peak hour trips" as the criteria to determine if voter approval is required of an amendment. 7. PARKING STRUCTURES OPTION A. DO NOT COUNT PARKING STRUCTURES AS FLOOR AREA OPTION B. COUNT PARKING STRUCTURES AS FLOOR AREA Staff is recommending OPTION A for many reasons. First, parking structures do not add trips and the stated purpose of Measure S is to require voter approval of any amendment "that may significantly increase allowed traffic." Second, Measure S does not express the intent to regulate building bulk and any attempt to do so may give rise to an argument that it violates the "single subject rule." Third, the definitions of floor area in the ITE Manual and the Code do not include parking structures. Finally, planners and architects do not use "floor area" as a way of describing the size of parking structures. 8. "LOOK BACK" PROVISION OPTION A. STARTS ON THE EFFECTIVE DATE (12/15/00) OPTION B. STARTS WHEN NOTICE OF INTENT PUBLISHED (7/30/99) OPTION C. GO BACK TEN YEARS PRIOR TO DATE OF APPROVAL Staff is recommending OPTION A. The obvious intent of the "look back" provision is to prevent "piecemeal" amendments designed to avoid the voter approval thresholds in Measure S — requirements that operate prospectively. The wording of Measure S does not satisfy the test for retroactive application — that the language evidence a "clear intent" to have retroactive application. The only "retroactive" language in Measure S is a provision that seeks to apply — to the maximum extent permitted by law - the voter approval thresholds to any amendment approved after July 30, 1999. �l J 9. CREDIT FOR TRIP REDUCTIONS OPTION A. NO CREDIT FOR TRIP REDUCTIONS OPTION B. CREDIT FOR TRIP REDUCTIONS Staff is recommending OPTION A because the voter approval "thresholds" in Measure S are determined by the trips, density and /or intensity of the amendment "plus ... eighty percent of the increases resulting from other amendments." 10. GENERAL PLAN DATA OPTION A. INCORPORATE A GENERAL PLAN ENTITLEMENT TABLE OPTION B. COMPARE TO THEN CURRENT GENERAL PLAN Staff is recommending OPTION A because it would be difficult to determine if voter approval was required without information about the nature and amount of entitlement prior to approval of the amendment. 11. AMENDMENTS PENDING A VOTE OPTION A. DON'T COUNT AMENDMENTS PENDING VOTER APPROVAL OPTION B. COUNT AMENDMENTS PENDING VOTER APPROVAL Staff is recommending OPTION A - to disregard amendments pending voter approval for purposes of the "look back" provisions. Voter approval of a pending amendment would mean it is not considered a "prior amendment" and voter rejection makes the amendment moot. 12. APPLICANT INFORMATION OPTION A. PROVIDE APPLICANT WITH GUIDELINES AND OPINION OPTION B. PROVIDE APPLICANT WITH GUIDELINES Staff is recommending OPTION A so longs as the "opinion" is accompanied by a disclaimer that minimizes the potential for litigation based on the applicants reliance on staffs preliminary assessment. The City Council always has the right to amend or add to the guidelines as well as the right to depart from the guidelines if their application in any specific case would be contrary to the intent of Measure S. Burnham COUNCIL AGENDA January 23, 2001 pl7.J Study Session Item No. SS3 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO: Mayor & Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Measure S Guidelines Matrix/Straw Votes DATE: January 23, 2001 BACKGROUND /RECOMMENDATION /FOR On January 9, 2001, the City Council directed this office to prepare a "matrix" of the key issues raised during the discussion of proposed guidelines to implement Section 423 of the City Charter as authorized by Measure S. The matrix is attached to this memo Attachment A). This memo discusses each of the issues identified in the matrix and makes recommendations when appropriate (recommendations shown by designating the "option "). Staff recommends the City Council straw vote the issues identified in the matrix and direct staff to prepare guidelines for Council review /approval on February 13, 2001. PEAK HOUR TRIPS 1. Trip Rate of Land Use or Adjacent Street Traffic. The draft guidelines used the average trip rate for the peak hour of the adjacent street traffic as a factor in determining the peak hour trips of an amendment. Mayor Adams suggested that the guidelines use the peak hour of the land use — which may or may not be the same as the adjacent street. As Mayor Adams indicated, we should be using a rate that reflects the maximum amount of traffic generated by the land use and one that most accurately reflects the impact of an amendment on the capacity of the system. The use of the peak hour rate of the land use also ensures consistent treatment of similar amendments. Staff is recommending use of the peak hour rate of the land use(s) not the adjacent street. (Option A) 2. "Average" Trip Rate. The ITE Manual identifies two peak hour trip rates — the mathematical average of the data from studies and the "best fit curve" which incorporates the data trend (higher or lower) as the size of the project increases. Staff has no recommendation. 3. "Maximum Traffic Allowed Uses Could Generate." Section 423 uses the term "maximum amount of traffic that allowed uses could generate" in describing a "major amendment" that would require voter approval. The Land Use Element uses three very broad categories in specifying allowed floor area for commercial land uses. For example, the peak hour trip rates for.commercial.land uses in the "Administrative, Professional and Financial Commercial" category range from 4.36/1000 square feet for medical office to 1.56/1000 square feet for regular office and 1.24/1000 square feet for research and development. As a general rule, an amendment is only one of the approvals required of a project and the applicant has submitted detailed information about the proposed use(s) and structure(s). In those cases the City has typically prepared environmental and /or zoning documents that, when approved,. clearly identify permitted uses. Staff is recommending that peak hour trips be calculated on the basis of the highest rate for any use allowed by the Land Use Element or, if the City has the approved only specific uses, the highest rate of any permitted use. (Option B) 4. Morning and /or Evening Rate. Staff is recommends that peak hour trips be calculated using the higher of the morning or evening weekday rate. (Option A) 5. Table of Trip Rates. Mayor Adams suggested that the guidelines include a table that establishes the peak hour rates for most land uses based on information in the ITE Manual. The table would be prepared by staff and submitted to the Council for approval. In the alternative, the peak hour rates could be determined by the City Council after approval of the amendment when the specific uses have been identified and the Planning Director's report has been submitted to the City Council. Staff has no recommendation. FLOOR AREA 1. Measurement. The draft guidelines proposed defining "floor area" in terms of the definition (there are four different ones) used in the ITE Manual as the "independent variable for the land use(s) under consideration. Use of the ITE Manual definition would ensure an accurate calculation of trips by applying the floor area definition used to calculate the ITE trip rate. Another option — and one that may be easier to administer since staff is familiar with it - is to use the definition of "gross floor area" from the Municipal Code (Section 20.63.030(f)). Staff recommends use of the ITE Manual definitions. (Option A) 2. Residential Uses. The draft guidelines do not use the "floor area" of any residential use as a basis for determining if Section 423 requires voter approval of a residential use amendment. Staff recommends this approach. (Option A) 3. Parking Structures. Staff is recommending against including parking structures in the calculation of "floor area." Parking structures do not add trips and the stated purpose of Measure S is to require voter approval of any amendment "that may significantly increase allowed traffic." The ITE Manual and Municipal Code definitions of "floor area" do not include parking structures. Planners and architects do not use "floor area" as a way of describing the size of parking structures. Staff is recommending that parking structures not be included in the calculation of floor area. (Option A) RA �1 ADMINISTRATION 1. "Look Back" Provision. The City Council has at least three options with respect to the "look back" provision. The City Council can apply the provision to (a) amendments approved after 12/15/00; (b) to amendments approved after July 30, 1999 (publication of Notice of Intent to Circulate); or (c) to amendments approved (by the Council but not the voters) during the ten -year period prior to approval. Staff has recommended using 12/15/00 as the "start date" but the other options are also consistent with Measure S (copy of memo analyzing options is Attachment B). (Option A) 2. Trip Reductions. There has been a suggestion that the City Council adopt a guideline that gives a statistical area "credit" for amendments that reduce peak hour trips. However, Section 423 specifically states that the "look back" provision requires the consideration of increases in traffic, density and /or intensity. Staff recommends against giving credit for reductions because there is no wording in Measure S that supports that interpretation. (Option A) 3. General Plan Data. Some Measure S supporters have suggested the City Council adopt a policy that requires "the retention of the specificity of the current General Plan." Staff understands the rationale for the request but such a policy would be a de facto amendment of the General Plan — without the required hearings and notice. Mayor Adams suggested that the Guidelines include a table that describes Land Use Element entitlement in each statistical area as of the earliest date on which the "look back" provision could be applied. The City Council would determine if an amendment requires voter approval based on the information in the then current table. (Option A) 4. Amendments Pending a Vote. Amendments may be approved by the City Council while other amendments are awaiting voter approval or rejection. Measure S proponents have suggested that amendments awaiting a vote not be considered for purposes of the "look back" provision and staff agrees. Voter approval of a pending amendment would mean it is not considered as a prior amendment and voter rejection makes the amendment moot. (Option A) 5. Applicant Information. The draft guidelines proposed that the process to determine if voter approval is required of an amendment be initiated after approval. Staff does not believe that Section 423 considerations should be a factor in the decision to approve or reject an amendment. However, after hearing the testimony, staff acknowledges that an applicant should be provided with a copy of the guidelines and relevant information upon filing. The guidelines could direct staff to provide the applicant (at filing) with an "opinion" on possible voter approval. (Option B) Robert Burnham W, Attachment A Measure S Guidelines Matrix 1. Peak Hour Tries Issue Ontion A Option B Other Trip Rate of Land Use or Average Peak Hour I Average Rate of Starts 7/30/99 Adjacent Street Traffic Rate of Land Use I Adjacent Street "Average" Trip Rate Numerical Average Best Fit Curve "Maximum Traffic Highest Rate of any Option A Unless Allowed Uses Could Permitted Use in Only Specific Generate Category Uses Authorized Morning or Evening Higher of Morning or Add Morning and Weekday Rate Evening Weekday Evening Pending Vote Rate Weekday Rate Table of Trip Rates Guidelines Include City Council Applicant Trip Rate Table for Decides Trip Rate Information Most Land Uses After Approval 2. Floor Area Issue Option A Option B Other Measurement Use one of 4 ITE NBMC Definition Starts 7/30/99 Manual Definitions of Gross Floor Area Residential Use Floor Area Not Floor Area Relevant Relevant in Peak Hour Trips Parking Structure Don't Include as Include as Floor Floor Area Area 3. Administration Issue Option A Option B Other Look Back Starts 12/15/00 Go Back 10 Years Starts 7/30/99 From Amendment Trip Decreases No Credit for Trip Credit for Reduction Reductions in Peak Hour Trips General Plan Data Guidelines Include Compare to Then Measure S General Current General Plan Entitlement Plan Provisions Table Pending Vote Don't Count When Count Amendment Vote Pending Until Vote Applicant Opinion & Policy to Provide Policy Only Information Applicant at Filing at Filing n M W ATTACHMENT B CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY TO: Mayor & Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Measure S Guidelines "Look Back" Provision DATE: January 23, 2001 The purpose of this memo is to explain, in greater detail, my reasons for drafting proposed guidelines that apply the "look back" provision of Section 423 only to amendments approved by the City Council after the effective date (December 15, 2000). The "look back" provision requires the traffic, density, and /or intensity of the amendment to be added to "eighty percent of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding ten years." I acknowledge that the "look back" provision can be interpreted so that all amendments within ten years prior to the date of adoption —whenever that may be — are considered for purposes of deciding if voter approval is required. In fact, that interpretation is probably more consistent with the actual wording of Measure S than the interpretation that I have proposed. However, I believe that the interpretation in the draft guidelines is also consistent with the wording and the stated purpose of Measure S. The guidelines must be consistent with the purpose and intent of Measure S. According to Measure S, the purpose is: "to give the voters the power to preven t 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." Measure S recognizes, and accepts, that the current General Plan allows for some "additional growth" and is intended only to give the voters the "power to disapprove any proposed General Plan amendment that may significantly increase traffic congestion beyond that which could already occur...." This provision suggests that amendments approved before the effective date (or at least before the Notice of Intent to Circulate the 5- Petition) were not a concern of voters. This conclusion is supported by the findings in the Planning Center Report - that amendments approved by the City Council during the 1990's actually reduced peak hour traffic. Measure S establishes the threshold for determining if an amendment will "significantly increase" traffic. The determination of "significance" does require inclusion of 80% of the amendments adopted within the preceding ten years. However, the clear intent of the "look back" provision is to ensure "that major changes do not escape scrutiny by being presented piecemeal as a succession of small changes." The provisions of Measure S that follow the "look back provision also suggest that the intent is to apply to amendments approved after the effective date. According to Measure S, the "look -back" provision does not apply to "other amendments" that were "approved by the voters." The voter approval requirements of Measure S clearly apply prospectively and this language suggests that the "other amendments" to be considered pursuant to the "look back" provision are those approved after the effective date. The City Council would clearly not be acting contrary to Measure S by adopting guidelines that require consideration of all amendments in the same statistical area approved within ten years before adoption of the amendment by the City Council. That interpretation is probably more consistent with the actual language of Measure S. However, I also believe the City Council would not be acting contrary to Measure S by adopting guidelines that apply the "look back" provision only to amendments after the effective date (or after July 30, 1999 — the date on which the Notice of Intent to Circulate was published). Robert Burnham 5 r I -� January 9, 2001 IJ11UIL P "LEiia'Jytudy Session Item No. SS3 �iD.� IJ?3Lbf CITY OF NEWPORT BEACH TO: Mayor & Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Measure S Guidelines DATE: January 9, 2001 Introduction Measure S "encourages" the City Council to adopt guidelines to "implement" the provisions of the newly enacted Section 423 of the City Charter (Section 423). In general terms, Section 423 requires voter approval of certain amendments of the Newport Beach General Plan (amendments). The guidelines must be consistent with the purpose and intent of Measure S and may be adopted only after public notice and hearing. Implementing guidelines must be approved by "not less than six affirmative votes of members of the City Council." Staff has prepared, for Council review and consideration, } the proposed guidelines that accompany this memo. This memo describes the general principles staff followed in drafting the guidelines and the rationale for various provisions. General Princiales Staff drafted the proposed guidelines with certain general principles in mind. We believe that guidelines are generally appropriate only to provide clarity and implementing procedures. The guidelines must be consistent with the stated purpose and intent of Measure S and respect the plain meaning of the words in Section 423. Finally, guidelines are not an appropriate vehicle for making Section 423 more or less effective or more or less restrictive. Discussion of Proposed Guidelines The guidelines consist of two sections — definitions and administration. The following is an explanation of the rationale for certain provisions in each section 1. Definitions The proposed guidelines rely heavily on a multi - volume publication of the Institute of Transportation Engineers entitled "Trip Generation" (ITE Manual). Measure S 1 requires use of the ITE Manual to calculate "peak hour trip generation rates" and J' the proposed guidelines use the ITE Manual definitions of key terms in the measure such as "peak hour trips" and "floor area." The use of ITE Manual definitions and terminology will ensure a consistent and fact -based determination of the "peak hour trips" and "floor area" of each amendment of the General Plan (amendment). The term "peak hour trips" is defined as the "average trip rate for the peak hour of the adjacent street traffic" multiplied by the quantity of the relevant "unit of measurement" for land use(s) proposed in the amendment. Rich Edmonston has suggested this definition because it is the most relevant measurement of traffic impact and is consistent with our current methodology of analyzing traffic impacts. The Council could define "peak hour trips" by reference to the "average trip rate of the generator" — a rate that tends to be somewhat higher than the rate staff is proposing. In most cases, a non - residential project is likely to reach the "floor area" threshold in Section 423 before exceeding the peak hour trip threshold. The relevant "unit of measurement" for a residential project is a "dwelling unit" and the relevant unit of measurement for most non - residential uses is "gross floor area." The calculation of peak hour trips for land uses that don't use dwelling units or floor area as "units of measurement" (such as hotels, golf courses and marinas) will be based on the "unit of measurement" specked in the ITE Manual. The ITE Manual has four (4) "floor area" definitions and uses a different definition for "shopping centers" (gross leasable area) than office buildings (gross floor area). The proposed guidelines define floor area in the same manner as the ITE Manual and clarify that "floor area" is not a factor in deciding if a residential use amendment requires voter approval. The definition of "prior amendment" relates to language in Section 423 that has been termed the "look back" provision. The "look back" provision requires that "eighty percent" of the "increases from other amendments affecting the same neighborhood" that were approved by the City Council in the preceding ten years be added to the amendment for purposes of determining if voter approval is required. Staff is proposing to define "prior amendment" as one approved by the City Council after the effective date of the measure (December 15, 2000) and this would mean that amendments approved before December 15, 2000 would not be considered in deciding if an amendment requires voter approval. Staff is proposing this definition of "prior amendment" for three reasons. First, the "look back" provision is intended to "make sure that major changes do not escape scrutiny by being presented piecemeal as a succession of small changes" and " this protection against "piecemealing" became . necessary only after the effective date. Second, laws typically apply prospectively. Finally, this interpretation is consistent with another Measure S mandate in that it reduces the potential for a successful legal challenge. Some Measure S supporters have suggested that the "look back" provision should "begin" on the date that the notice of intent to circulate the measure was published (July 30, 1999). There is support for this interpretation in Measure S. Measure S says that it is intended, "to the maximum extent permitted by law", to "apply to all amendments" approved after the "filing of the Notice of Intent To Circulate Petition." However, the one amendment (Extended Stay America — GPA 99 -2) approved by the City Council after July 30, 1999 was initiated before that date, is presently under construction (vested) and resulted in a substantial reduction in peak hour trips. Staff is recommending use of the effective date of Section 423 for purposes of the "look back" provisions to eliminate any legal issues that could arise from the application of Measure S to GPA 99 -2 or subsequent amendments approved in that statistical area. 2. Administration The Guidelines propose a procedure for determining If voter approval is required of an amendment approved by the City Council. The procedure is intended to provide the City Council with all of the information necessary to determine If voter approval is required of a particular amendment. The process of deciding if voter approval of an amendment is required by Section 423 should begin after City Council approval — rather than as part of the approval process — because the City Council retains discretion relative to the density or intensity of any amendment until final approval. Other Possible Guidelines Staff considered, but did not prepare, guidelines that would address issues that came to light during the preparation and discussion of the Planning Center Report (aka Douglas Report). Staff is not proposing a guideline that would give a credit for amendments that reduce peak hour trips for purposes of the "look back" provision. Measure S specifically states that eighty percent of the "increases" resulting from prior amendments is to be added to the trips and density or intensity of the current amendment. A guideline giving credit for prior amendments that reduce trips would be consistent with the intent of Measure S because it might encourage such amendments. However, Staff chose not to prepare or recommend a guideline giving credit for trip reductions because Measure S specifically refers to "increases" rather than "changes" or "adjustments." Staff considered, but did not prepare, a guideline that would eliminate the need for voter approval of amendments that — like the amendment processed for the "One Ford Road " project - reduce peak hour trips but technically constitute a "major amendment" because they exceed the density or intensity threshold. The "One Ford Road" amendment substituted 500 dwelling units for more than 1,330,000 square feet of industrial entitlement and reduced peak hour traffic by 1145 trips. However, a conservative interpretation of Section 423 would require voter approval of the amendment because of the "additional" dwelling units. /Robert Bum Burnham DRAFT COUNCIL POLICY A -18 On November 7, 2000, the Newport Beach electorate approved Measure S (Copy of Measure S accompanies this Policy). Measure S amended the Newport Beach City Charter by adding 423 to the Newport Beach City Charter. In general terms, Section 423 requires voter approval of certain amendments of the Newport Beach General Plan (amendment). Measure S "encourages" the City Council to adopt implementing guidelines that are consistent with its purpose and intent. This Policy constitutes the guidelines adopted by the City Council pursuant to the authority and procedures specified in Measure S. Definitions The definitions and terms in this Section, when surrounded by quotation marks, are intended to conform to the definitions in, and terminology of, 'Trip Generation" a multi - volume publication of the Institute of Transportation Engineers (ITE Manual). The ITE Manual provides an "average trip rate" for hundreds of land uses and is the primary reference used by transportation professional seeking information on trip generation rates and related data. 1. The term "peak hour trips" shall mean a number equal to the "average trip rate for the peak hour of the adjacent street traffic" multiplied by the quantity of the relevant "unit of measurement" for the land use(s) for the amendment as approved by the City Council. In Newport Beach, the peak hour of the adjacent street traffic is traditionally between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. 2. The term "floor area" shall mean whichever of the following four definitions — "gross floor area ", "gross leasable area ", "gross rentable area" or net "rentable area" — is specified by the ITE Manual as the "unit of measurement" in expressing the trip generation rates of the land use(s) proposed by the amendment. In the event the ITE Manual does not utilize any of the four definitions as a unit of measurement, the term "floor area" shall mean "gross floor area" as defined in the ITE Manual. 3. The term "dwelling unit" is defined as specified in the Newport Beach Municipal Code (Code) and applies only to a residential use. 4. The term "residential use" shall mean any single - family residential use, and two- family use, any multifamily residential use, any group residential use and any limited residential care use but does not include a day care facility or a convalescent facility. 5. The term "non - residential use" shall mean any land use other than a residential use that generates any peak hour trips and includes the 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 Code. 6. The term "prior amendment" shall mean any amendment affecting property within the same statistical area as the amendment that was approved by the City Council after December 15, 2000 and was approved within ten years prior to the date the City Council approved the amendment. The term prior amendment excludes any amendment approved by the voters after City Council approval. 7. The term "the amendment" shall mean an amendment that: (a) was approved by the City Council subsequent to December 15, 2000; (b) modifies the number of dwelling units, floor area or type of land use (including any amendment that increases peak hour trips) when compared to the general plan prior to City Council approval of the amendment; and (c) is being evaluated pursuant to this Policy to determine if the provisions of Section 423 require voter approval. Administration The following procedure shall be utilized for purposes of determining if the amendment will require voter approval pursuant to Section 423. 1. The Planning Director shall, within five (5) working days after City Council approval of the amendment prepare a report that contains the following information: (a) If the amendment authorizes, or relates to, a residential use, the maximum number of dwelling units authorized by the general plan for all of the property that is the subject of the amendment before and after City Council approval of the amendment. (b) If the amendment authorizes, or relates to, a non - residential use, the maximum amount of floor area authorized by the general plan for all of the property that is the subject of the amendment before and after City Council approval of the amendment. (c) If the amendment authorizes, or relates to any non - residential use or a residential use, the number of peak hour trips that would be generated by all of the entitlement authorized by the general plan for all the property that is the subject of the amendment before and after City Council approval of the amendment. The number of peak hour trips shall be calculated in accordance with this Policy and the ITE Manual. The Planning Director shall, after consulting with the Director of Transportation and Development Services, determine the ITE Manual land use(s) most similar to the land use(s) authorized by the amendment if the ITE Manual does not provide peak hour trip generation information specific to one or more of the land use(s) authorized by the amendment. The number of peak hour trips generated by the amendment shall be determined on the basis of, but shall not be less than ninety -five percent of, the most similar land use in the ITE Manual. (d) A table that identifies the increases in floor area (for non - residential uses), dwelling units (for residential uses) and peak hour trips (any land use) resulting from, and the dates of, prior amendments. (e) A table that calculates eighty percent (80 %) of the increase, if any, in floor area (non - residential uses), dwelling units (residential uses) and peak hour trips (all land uses) resulting from all prior amendments. 2. The Planning Director shall submit the report to the City Council within thirty (30) days after City Council approval of the amendment. 3. The City Council shall review the report and determine if, based on the report and any other relevant evidence presented, the amendment requires voter approval pursuant to Section. The City Council shall submit the amendment to the voters if (a) the amendment relates to a non - residential use and authorizes an increase in floor area for the property that is the subject of the amendment that exceeds forty thousand (40,000) square feet when compared to general plan before approval of the amendment; or (b) the amendment relates to a residential use and authorizes an increase in the number of dwelling units for the property 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 (c) the amendment modifies the type or amount of residential or non- residential use specified for the property that is the subject of the amendment such that the land use(s) authorized by the general plan after the amendment generates more than one hundred peak hours trips than the land use(s) authorized before the amendment. 4. In the event the City Council determines that the amendment requires voter approval, the City Council shall, within sixty days after the determination that an election is required, schedule a date for the adoption of a resolution calling an election on the amendment. The City Council shall, on the date set for adoption of the resolution, schedule an election on the amendment at the next regular municipal election (as defined by the Newport Beach Charter) or at a special election if the applicant for the amendment has entered into a written agreement with the City to share the costs of the special election. 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. 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 r 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 'bested 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 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. J "RECEIVED AFTER GENOA an Beek, 2007 Highland PRINTED:" SSA �" 13-0 X RECEI�rrt Beach CA 92660 -4407 February 7, 2001 '01 FEB -7 P 4 :43 Honorable Mayor and Members of the City Council: Charter Se(0PkFO#2tAEjC{41p1L.TRRwo questions which it does not answer: 1) Is crediVTYc@FMW?0RT?SEXVt negative increases? Section 423 does not say Yes and does not say No; it is silent. 2) Are amendments adopted before Section 423 to be included in the accumulation? Section 423 does not say Yes and does not say No; it is silent. Since Section 423 is silent, the answers must be those which make most sense with the other portions of 423 - - -- Section 423, like any legal document, is to be read as a consistent whole. On credit for negatives, the rest of the document is of no help. The answer can only be an attempt to be fair and reasonable. On pre -423 amendments, it is clear that they are not to be included. To include them would make Section 423 inconsistent in three ways: 1) Years different. The first ten years of Section 423 would become inconsistent with normal years (after the ten year phase -in period) . During the first ten years the accumulation of prior amendments would be loaded up with major amendments from before adoption of Section 423. During normal years, the accumulation is not loaded up with major amendments, because major amendments have gone to the voters and "other amendments does not include those approved by the voters." 2) Minor votes. Inclusion would force minor amendments to go to the voters, inconsistent with the intent of Section 423 that minor amend- ments shall not go to the voters, as shown by two provisions of 423: An amendment which comes near or reaches the limit, but does not exceed it and so does not go to the voters, is kept from loading up the accumulation by being counted at only 80% of its full value. This leaves a margin of at least 20% of the limit for the use of any subsequent minor amendment. Major amendments are kept from loading up the accumulation because they go to the voters and are specifically excluded. 3) Inappropriate use. The accumulation of prior amendments is the device used to meet the second stated purpose of Section 423: To make sure that major changes do not escape scrutiny by being presen- ted piecemeal as a succession of small changes. It is inconsistent with this purpose to apply the device to amendments that were written and approved before there was any Section 423 scrutiny to escape. Therefore Section 423 is to be regarded as reading "Other amendments" does not include those approved by the voters, \ nor those approved before the effective date of this section. J This letter is my own. I do not speak for any other person or group. Respectfully, VI " Allan Beek "RECEIVED AFTER AGENDA RECEIVED 2007 Highland PRINTED:" Jr%3 PI-13—Awl Newport Beach CA 92660 001 IS —9 A9 51 February 9, 2001 Honoral��Nan�Ibr €pgf the City Council CfTY OF NE UORT BEACH There are still some of kinks to be ironed out of the straw votes and draft Guidelines for Measure S. This would be done most efficiently at informal working group sessions. The City Attorney has been too busy to arrange any such sessions, and I certainly would NOT suggest that he neglect JWA to give his attention to Measure S. But the result is that you are faced with documents which are confusing, miss the point, and violate Measure S. In five weeks, we have made no progress. I hope that some informal working sessions can be arranged before you begin serious work on Policy A- 18. As the City Attorney is overloaded, maybe a Councilman with legal expertise could chair these sessions. Attendance could be open to everyone - -- there would probably be less than half a dozen takers. I am reluctant to distract you with what is basically preparatory work, so please do not waste your time reading the rest of this letter unless you are forced to take up the straw votes and draft as they stand, with no working sessions ahead of time to iron out the kinks. The kinks I refer to are discussed below. I believe that none are controversial (except perhaps between the City Attorney and me) and none rise to the level of being worthy of public debate. STRAW VOTES 3. LAND USE FOR TRIP RATE CALCULATION The two options given sound so much alike that it is not clear what the difference is or what either one means. Option A refers to "entitlement;" entitlement depends on the zoning, and some land use designations allow for several different zones, so the entitlement could be changed with no change in the general plan. Policy A -18 should be written to require that the calculated trip generation shall be the maximum that could be achieved on the land without any further general plan amendments. Neither Option A nor B nor the draft policy requires this. All three are so mushy that there is no point in straw voting between A and B. There does not seem to be any question or controversy to resolve, so there is no need to vote. 4. MORNING OR EVENING RATES Option A is obviously correct, so there is no need to vote. 5. DEFINITION OF FLOOR AREA This is two separate questions, one for intensity and one for trip generation. The staff report is mistaken is saying that "Measure S does not support one definition of floor area for determining peak hour trips and another for calculating intensity." Measure S mentions floor area ONLY in connection with intensity. For trip generation, it refers to the ITE Manual, which uses hotel rooms, net floor area, theater seats, and a variety of other independent variables. These stand on their own, and are quite independent of the intensity measure which is specified as "gross square feet" by the last sentence of the first paragraph under "Commercial" in the "Major Land Use Plan Designations" part of the Land Use Element. The ITE Manual for trip generation, and gross square feet for intensity, are both so obvious that there is no controversy to resolve, so there is no need to vote. 6. RESIDENTIAL USES Option A is obviously correct, so there is no need to vote. 9. CREDIT FOR TRIP REDUCTIONS If straw vote 9 is B, then credit for negatives should apply not only to peak hour trips, but also to dwelling units and floor area. 10. GENERAL PLAN DATA It is not clear what staff intends. Option A seems laudable, but appears to require a heroic amount of work from the Planning staff - -- to make the dwelling unit, floor area, and maximum possible trips calculations for every parcel throughout the city. It would be more reasonable to make the calculations case by case as general plan amendments are proposed. (A proposed amendment may deal with an arbitrary, unpredictable area.) Maybe I just don't understand, and need to have item 10 explained to me. As I understand it, it would have no effect on whether or not amendments go to the voters, it would simply burden the staff. Option A is incredible. There is no controversy to resolve, so there is no need to vote. I I. AMENDMENTS PENDING A VOTE Option A is obviously correct, so there is no need to vote. 12. APPLICANT INFORMATION There must be some misunderstanding; there is no choice here. As I set forth in my January 22 letter to you, the Planning Commission and City Council should have full knowledge of what they are voting on. The applicant can then obtain the information from the staff report. (A working session is badly needed to clear up this misunderstanding.) DRAFT POLICY A -18 From the January 9 staff report. (It has not been updated.) Definitions. The trip rate table of straw vote 2 A should be referenced in the introduction. Definition 2. "floor area" The draft incorporates the confusion of straw vote 5 and the mistaken idea that intensity and trip generation must use the same definition of "floor area." Here is a suggestion for more satisfactory wording: In measuring intensity for comparison with the 40,000 square foot threshold, the term 'floor area" shall mean gross square feet as used in the Land Use Element of the general plan. In computing maximum amount of traffic that allowed uses could generate for comparison with the 100 peak hour trips threshold, the term 'floor area, " when used by the ITE Manual, shall be as defined in the Manual. If the ITE Manual uses 'floor area" without specifying which definition it means, then it shall mean gross square feet as above. Definition 6. "prior amendment" As noted Jan. 22, this needs to be clearer. Here is a suggestion: Definition 6. The term 'prior amendment " shall mean any amendment which: (a) Affects property within the same statistical area as the amendment under consideration. (b) Is or was approved by the City council before or at the same time as the amendment under consideration, and if at the same time, has an earlier GPA number. (c) Is or was approved by the City Council less than ten years before the amendment under consideration. (d) Neither is nor was placed on the ballot for a vote of the people. (e) Was approved by the City Council after December 15, 2000. [If straw vote 8 is A.] Administration This section is infected by the same misunderstanding as "applicant information," noted above. It also neglects to use the accumulation of 80% of prior amendments calculated in I(e). Much of it should be rewritten. Here is a suggestion (bold indicates proposed new words): 1. The staff report accompanying any proposal presented to the Planning Commission for a general plan amendment shall show: (a) If the amendment authorizes, or relates to, a residential use, the maximum number of dwelling units authorized by the general plan for all of the property that is the subject of the amendment, both before and after approval of the proposed amendment. (b) If the amendment authorizes, or relates to, a non - residential use, the maximum amount of floor area authorized by the general plan for all of the property that is the subject of the amendment, both before and after approval of the proposed amendment. (c) The maximum number of "peak hour trips" generated by any use permitted by the general plan for all of the property that is the subject of the amendment, both before and after approval of the proposed amendment. The number of 'peak hour trips" shall be calculated in accordance with this Policy and the ITE Manual. If the ITE manual does not provide peak hour trip generation information specific to one or more of the land use(s) authorized by the general plan, the Planning Director shall, after consulting with the Director of Transportation and Development Services, determine the ITEManual land use(s) most similar to the land use(s) authorized by the general plan. The number of peak hour trips generated by any land use shall be determined on the basis of but shall not be less than ninety-five percent of the trips generated by the most similar land use in the ITEManual. (d) A table that identifies the increases in floor area (for non - residential uses), dwelling units (for residential uses) and peak hour trips (any land use) resulting from, and the dates of prior amendments. (e) A table that calculates eighty percent of the increase, [ "if any" if straw vote 9 is A; "positive or negative" if straw vote 9 is B], in floor area (non- residential uses), dwelling units (residential uses) and peak hour trips (all land uses) resulting from all prior amendments 2. The City Council shall submit the amendment to the voters if.- (a) The amendment relates to a non - residential use, and the floor area authorized by the amendment, plus the 80% accumulation from 1(e), is more than 40,000 square feet greater than the floor area authorized by the general plan without the amendment; or (b) The amendment relates to a residential use, and the dwelling units authorized by the amendment, plus the 80% accumulation from 1(e), is more than 100 dwelling units greater than the dwelling units authorized by the general plan without the amendment; or (c) The amendment modifies permitted land uses so that the maximum number of peak hour trips generated by any use permitted after the amendment, plus the 80% accumulation from 1(e), is more than 100 trips greater than the maximum number of peak hour trips generated by any use permitted by the general plan without the amendment. 3. In the event that the amendment requires voter approval, the City Council shall, at the same meeting that gives final approval to the amendment, schedule an election on the amendment at the next regular municipal election (as defined by the Newport Beach Charter), or at a special election if the applicant for the amendment has entered into a written agreement with the City to share the costs of the special election. Please note that this letter is my own. I do not speak for any other person or group. Sincerely, 0 p �