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HomeMy WebLinkAbout01 - Request to Place Greenlight Charter Amendment on 6-6-02 BallotAgenda Item No. 1 March 10, 2000 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK TO: Honorable Mayor and Members of the City Council FROM: LaVonne M. Harkless, City Clerk SUBJECT: REQUEST BY THE PROPONENTS OF THE GREENLIGHT INITIATIVE TO PLACE THE PROPOSED CHARTER AMENDMENT ON THE JUNE 6, 2000 BALLOT RECOMMENDED ACTION a) Adopt Resolution No. 2000- rescinding the submission to the qualified electors of the City of a certain measure related to traffic and density (the "Greenlight" initiative) at the General Municipal Election to be held on Tuesday, November 7, 2000 as called by Resolution No. 2000- 5; b) adopt Resolution No. 2000- calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 6, 2000 for the submission of a proposed Charter Amendment; c) adopt Resolution No. 2000 -_ requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election to be held on June 6, 2000 with the School Election to be held on the date pursuant to §10403 of the Elections Code; d) adopt Resolution No. 2000- providing for the filing of rebuttal arguments for City measures submitted at municipal elections; and e) adopt Resolution No. 2000- setting priorities for filing (a) written argument(s) regarding City Measure and directing the City Attorney to prepare an impartial analysis. 0 Deny the request and direct the City Clerk to continue with the process for the placement of this Charter Amendment (the "Greenlight" initiative) on the ballot for the General Municipal Election to be held on November 7, 2000 as adopted by Resolution No. 2000 -5 on January 8, 2000. On January 11, 2000 the City Council accepted the City Clerk's certification of the initiative petition entitled "Protection from Traffic and Density Initiative ", and subsequently adopted Resolution No. 2000 -5 placing the matter on the ballot for the General Municipal Election to be held on November 7. 2000. On March 6, 2000 the Mayor received a letter signed by Evelyn Hart, Tom Hyans and Philip L. Arst, proponents of the Greenlight initiative, requesting that the Mayor, pursuant to Section 408 of the City Charter, call a special meeting to consider moving the election from November 7, 2000 to June 6, 2000. The Newport -Mesa Unified School District has set a special bond election for June 6, 2000, therefore the proponents of the initiative have requested that the City consolidate with them and hold the election on this initiative at the same time. The deadline to call an election for the purpose of submitting a measure to the voters is Friday, March 10, 2000 (88 days prior to the date of the election). Based on information provided by Rosalyn Lever, Registrar of Voters, on Wednesday, March 8, 2000, the estimated cost to the City to add this measure to the ballot with the school district issue would be between $1.50 -$2.00 per registered voter ($69,873 - $93,164). She indicated that the estimated cost that was quoted to the school district for their special election was $3.00 per registered voter. Consolidating with the school district will require two ballots since the boundaries of the City and the school district are different. As is customary in any election the cost of conducting an election is reduced whenever there are more entities involved to share the cost. Consolidating with the school district will result in a reduction in cost to the school district, however the City will still incur significant costs associated with a special election. As was indicated in my staff report for the January 11, 2000 City Council meeting, the cost to add the proposed charter amendment to the November 2000 ballot would be minimal since the City already has an election scheduled for that date. In 1996 the cost to add Measure Q to the November ballot was $3,229.08. o2 a(f8_n/,u.. 7n, /✓ate. LaVonne M. Harkless, City Clerk Encl: Letter dated 3/4/00 Draft Resolution - Rescinding Res. 2000 -5 Draft Resolution - Calling the election Draft Resolution - Requesting consolidation Draft Resolution - Providing for filing of arguments Draft Resolution - Setting priorities for arguments Greenlight P.O. Box 100 Balboa Island CA 92662 -0100 March 4, 2000 Honorable Mayor John E. Noyes City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 Dear Mayor Noyes: Three applicants have withdrawn from the proposed General Plan amendment for Newport Center. The planning process has gone into a state of suspended animation. Everyone is holding their breath waiting to see whether the "Greenlight" Protection from Traffic and Density initiative passes or not. As you recall, the proponents of the initiative requested a special election to end the suspense and move forward as quickly as possible. The City Council declined to incur the expense involved in calling a special election. Fortunately, the School Board has called a special election for June 6, that can be used to resolve the Greenlight question promptly. But speed is essential. The date must be set by 88 days before the election - -- that is, by next Friday, March 10. There is no regular City Council meeting until March 14. But you as the Mayor have the power under Section 408 of the City Charter to call a special meeting for this Thursday or Friday to consider moving the election from November 7 to June 6. In the interest of ending uncertainty and getting back to normal as soon as possible, we urge you to call the special meeting, put the Greenlight initiative on the June 6 ballot, and take advantage of this opportunity to allow voters a timely resolution of this very important issue. Sincerely, / % 1peV el 'y� cc: Councilmembers Noaki Schwartz, Daily Pilot Melissa Morris, The Light Tom Hyan P ilia n Date > c Copies Sent To: 'Mayor `.� ,2'CouncitMember T^ o n Manager /B'Attorney ❑ ti� mM n� �x n JL. Arst S rn O iJ M C'3 0 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RESCINDING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATED TO TRAFFIC AND DENSITY (THE "GREENLIGHT" INITIATIVE) AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000, AS CALLED BY RESOLUTION NO. 2000 -5 WHEREAS, a General Municipal Election on Tuesday, November 7, 2000, has been called by Resolution No. 2000 -5, adopted on January 11, 2000; and WHEREAS, the City Council desires to rescind a question relating to a Charter amendment pertaining to traffic and density. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION L That the City Council, pursuant to its rights and authority, does order repealed Resolution No. 2000 -5 to remove the following question from the General Municipal Election: CHARTER AMENDMENT Shall the Charter be amended to add Section 423 to require I YES voter approval of certain amendments to the Newport Beach I ------------------------- - - - - -- General Plan? NO SECTION 2. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this day of , 2000. Mayor ATTEST: City Clerk RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 6, 2000, FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT WHEREAS, Section 1003 of the Charter of the City of Newport Beach provides that the powers of the initiative and referendum are reserved to the electors of the City and that the provisions of the Elections Code of the State of California shall apply to the use of the initiative and referendum in the City; and WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at §9255) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Newport Beach signed by more than fifteen per cent of the registered voters of the city according to the county election department's last official report of registration to the Secretary of State to submit a proposed charter amendment to the voters; and WHEREAS, on December 9, 1999, the following described petition was filed with the City Clerk; and WHEREAS, on January 11, 2000, the City Clerk filed a document entitled "Certificate as to Verification of Signatures on Initiative Petition ", which states that the above described petition contained the signatures of more than fifteen per cent of the qualified voters of the City according to the county election department's last official report of registration to the Secretary of State, and that said petition was sufficient as to the number of signatures required for a valid petition initiating a charter amendment; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at §9255) of the Election Code of the State of California, there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, June 6, 2000, a Special Municipal Election for the purpose of submitting the following proposed charter amendment: CHARTER AMENDMENT Shall the Charter be amended to add Section 423 to require voter I YES approval of certain amendments to the Newport Beach General Plan? NO SECTION 2. That the text of the charter amendment submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION S. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this _ day of 2000. MAYOR ATTEST: CITY CLERK EXHIBIT A 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 ":) City Attorney's Note: If the proposed charter amendment is approved the following six paragraphs would not become part of the City Charter but do express the intent of the voters and would provide guidance in interpreting, implementing and administering the City Charter. Second. Purpose. It is the purpose of the amendment to give the voters the power to prevent Newport Beach from becoming a traffic - congested city, by requiring their approval for any change to the City's General Plan that may significantly increase allowed traffic; and also to make sure that major changes do not escape scrutiny by being presented piecemeal as a succession of small changes. Third. Findings. 1. In planning the growth of their city and protecting its quality of life, a prime concern of the people of Newport Beach is to avoid congestion and gridlock from too much traffic. 2. The General Plan guides growth in the City of Newport Beach by designating land use categories for all lands in the City, and providing limits on the allowed density and intensity of use for each land use category. 3. The General Plan already provides for additional growth in the City; if all development allowed by the General Plan were to be built, the traffic generated in the City would increase by about 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 "vested 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. RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 6, 2000, WITH THE NEWPORT -MESA SCHOOL DISTRICT SPECIAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Newport Beach, California called a Special Municipal Election to be held on Tuesday, June 6, 2000, for the purpose of submitting a proposed Charter amendment; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Newport -Mesa Unified School District election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Newport -Mesa Unified School District election to be held on Tuesday, June 6, 2000, for the purpose of submitting a Charter amendment. SECTION 2. That a measure is to appear on the ballot as follows: CHARTER AMENDMENT Shall the Charter be amended to add Section 423 to require I YES voter approval of certain amendments to the Newport Beach General Plan? NO SECTION 2. That the County Elections Department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Newport Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this day of , 2000. Mayor ATTEST: City Clerk RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROVIDING FOR THE FILLING OF REBUTTAL ARGUMENTS FOR CITY MEASURE(S) SUBMITTED AT MUNICIPAL ELECTIONS. WHEREAS, Sections 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. SECTION 3. That the provisions of Section l shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this day of , 2000. Mayor ATTEST: City Clerk RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING (A) WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Newport Beach, California, on Tuesday, June 6, 2000, at which there will be submitted to the voters the following measure: MEASURE _ SHALL THE CHARTER BE AMENDED TO ADD SECTION 423 TO REQUIRE VOTER APPROVAL OF CERTAIN AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN? The precise wording of the measure to be submitted to voters pursuant to this Section is attached as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes any and all members of the City Council to file (a) written argument(s) in Favor or Against City measure(s) in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this day of , 2000. Mayor ATTEST: City Clerk EXHIBIT A 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 ":) City Attorney's Note: If the proposed charter amendment is approved the following six paragraphs would not become part of the City Charter but do express the intent of the voters and would provide guidance in interpreting, implementing and administering the City Charter. Second. Purpose. It is the purpose of the amendment to give the voters the power to prevent Newport Beach from becoming a traffic - congested city, by requiring their approval for any change to the City's General Plan that may significantly increase allowed traffic; and also to make sure that major changes do not escape scrutiny by being presented piecemeal as a succession of small changes. Third. Findings. 1. In planning the growth of their city and protecting its quality of life, a prime concern of the people of Newport Beach is to avoid congestion and gridlock from too much traffic. 2. The General Plan guides growth in the City of Newport Beach by designating land use categories for all lands in the City, and providing limits on the allowed density and intensity of use for each land use category. 3. The General Plan already provides for additional growth in the City; if all development allowed by the General Plan were to be built, the traffic generated in the City would increase by about 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 'bested 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.