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HomeMy WebLinkAbout15 - Proposed Ballot MeasureCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 July 11, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office LaVonne M. Harkless, City Clerk 949 -644 -3005, Iarkless@city.newport- beach.ca.us SUBJECT: PROPOSED BALLOT MEASURE - 'VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF CITY" RECOMMENDATION: After reviewing the report prepared to analyze the impact of the initiative on municipal operations, the City Council shall do one of the following: 1) Adopt the ordinance, without alteration, within 10 days after the report is presented to Council. OR 2) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405 (at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election [November 7, 2006]), by taking the following actions: a) Adopt Resolution No. 2006 -_ Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 7, 2006, for the Submission of a Proposed Ordinance; b) Adopt Resolution No. 2006- Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2006, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; c) After discussion, adopt Resolution No. 2006 - Setting Priorities for Filing (A) Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis; and d) Adopt Resolution No. 2006-_ Providing for the Filing of Rebuttal Arguments for City Measure(s) Submitted at Municipal Elections. Proposed Ballot Measure July 11, 2006 Page 2 DISCUSSION: Background: On June 27, 2006, the City Council approved the certification of the petition entitled "Voter Approval for Major Developments Over "As Built Condition' of City" and directed staff to report back on or before Tuesday, July 25, 2006 with the impacts of the initiative on municipal operations, as well as with the necessary actions required by Election Code Section 9215. Pursuant to the Elections Code, since the petition contained signatures representing 10% but less than 15% of the registered voters of the city and the City Council ordered that an impact report be prepared, the legislative body shall either adopt the ordinance, without alteration, at the meeting when the report is presented to the legislative body or within 10 days; or order an election. If the Council orders an election, in addition to adopting the resolution calling the election, resolutions also must be adopted requesting consolidation with the County, setting priorities for filing of written argument(s) and directing the City Attorney to prepare an impartial analysis, and authorizing rebuttal arguments. The Elections Code allows proponents and Council Members to submit arguments regarding initiative measures submitted by petition and Section 9287 sets up priorities as to which argument is chosen for printing by the Election Official if two or more arguments are submitted in favor of or against a measure. Although some types of measures give the council automatic first priority to file arguments, if it is the Council's desire to be sure that they have first priority in submitting arguments, formal action is required (adoption of attached resolution). The arguments shall not exceed 300 words in length and requires that at least one but not more than five persons sign it. The deadline for submitting direct arguments is 5:30 p.m. on Tuesday, July 25, 2006. In addition, the Council may direct the City Clerk to transmit a copy of the measure to the city attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall not exceed 500 words in length. The deadline to submit the impartial analysis to the Election Official is 5:30 p.m., Tuesday, July 25, 2006. In prior elections, the Council has authorized rebuttal arguments for ballot measures, however the resolutions authorizing the arguments were only applicable to each particular election, therefore if it is the desire of Council to allow rebuttal arguments for this measure, it is necessary to adopt the attached resolution authorizing rebuttal arguments. If authorized, the rebuttal arguments (not to exceed 250 words) are due not more than 10 days after the direct arguments are due (5:00 p.m., Friday, August 4, 2006). HAGreenlight 11 Initiative - 9- 05\E1ection Staff Report 7- 11 -06.doc Proposed Ballot Measure July 11, 2006 Page 3 Environmental Review: Not applicable Submitted by: LaVonne M. Harkless, City Clerk Attachments: Resolution Calling the Election Resolution Requesting Consolidation with County Resolution Setting Priorities for Written Arguments Resolution Providing for Filing of Rebuttal Arguments HAGreenlight It Initiative - 9- 050edon Staff Report 7- 11- 06.doc RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 712006, FOR THE SUBMISSION OF A PROPOSED ORDINANCE 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 statute a petition has been filed with the legislative body of the City of Newport Beach, California, signed by more than ten (10) percent of the number of registered voters of the city to submit to the voters a proposed ordinance relating to voter approval for major developments over "as built condition" of the city; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance 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 the requirements of the laws of the State of California relating to Charter cities there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 7, 2006, a General Municipal Election for the purpose of submitting the following proposed ordinance: Shall the ordinance that requires the preparation and approval of a YES specific plan, as specified for a development project that, individually or in combination with other projects within a neighborhood feet of the project parcel), adds more than 100 ------------------ dwelling units, 40,000 square feet of floor area or 100 peak hour trips when compared to the as built condition of the neighborhood, NO and submittal to the voters for final approval, be adopted? A. SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit 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 fiunish 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 8. 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 I hh day of July, 2006. MAYOR ATTEST: CITY CLERK EXHIBIT A .010 Purpose. This Chapter gives voters the power to prevent Newport Beach from becoming an overbuilt and traffic- congested city by requiring preparation and Voter Approval of Specific Plans for Major Developments. The City's circulation system is already congested beyond current city standards and inadequate to support the current "As Built Condition" of the City. High- density developments and construction of increasingly larger buildings threaten the character and quality of neighborhoods throughout the City. Specific Plans will ensure better planning and provide voters with the information needed to make informed decisions about Major Development proposals. .020 Voter Approval of Major Development Projects. A Specific Plan shall be prepared for all Major Development proposals. Following adoption by the City Council, Major Development Specific Plans shall be submitted to the voters for final approval. .030 Application. This Chapter applies to all applications for Major Developments in the City of Newport Beach that have an Application Date later than the date the "Notice of Intent to Circulate this Petition" was filed with the City Clerk. .040 Election Procedures. .041 City approval of a Major Development proposal shall be final only after its Specific Plan has been submitted to the voters and approved by a majority of those voting on it. Each Specific Plan for a Major Development proposal shall be submitted to a public vote as a separate and distinct ballot measure regardless of whether its approval by the City Council was combined with other Developments, projects or General Plan Amendments. Each Specific Plan for a Major Development shall be identified on the ballot in a manner that clearly identifies the project it applies to, i.e. "Specific Plan for XYZ Development ". The City Council shall set any election required by this Chapter for the municipal election next following city council approval of the Major Development Specific Plan or by mutual agreement with the Proponent, the City Council may call a special election with the cost of the special election being shared by their mutual agreement. An advisory election prior to council approval of a Major Development Specific Plan does not satisfy the voter approval requirements of this Chapter. .042 The vote required by this Chapter shall be in addition to all other applicable approval requirements for Major Development proposals, including environmental review. However, all subsequent approvals required to implement a Major Development Specific Plan approved by the voters in accordance with this Chapter shall be in substantial conformance with the Specific Plan submitted to the voters, and under no circumstances, shall a subsequent approval authorize greater traffic, density or intensity than was represented to the voters. .050 Specific Plan Requirements. .051 Specific Plans required by this Chapter shall be prepared in accordance with Section 65450 et seq. of the Govemment Code and shall include all information deemed necessary by City Council or Planning Director. In addition, all Specific Plans for Major Developments shall include the following information: a. Project Description. Include a plot plan or diagram, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped areas, fences and walks. Include drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings as they would appear upon completion. b. Neighborhood Compatibility. Describe the project's consistency or lack of consistency with existing Neighborhood uses, i.e. commercial, residential etc. To the extent the proposed project differs from existing uses, identify the implementation measures including regulations that would be used minimize adverse neighborhood impacts. c. Summer Traffic Analysis. In addition to traffic studies otherwise required by the City, analyze the project's impact on peak traffic levels during the months of July and August. The analysis shall, at minimum, include a survey of existing traffic levels during July or August at a time and date the City's traffic engineer determines is best for determining peak summer traffic levels. Identify the implementation measures including regulations that would be used to minimize summer traffic impacts. d. Significant Increases in Traffic, Density or Intensity. Describe the Significant Increases in Traffic, Density or Intensity, as defined in this Chapter that would result from the Major Development proposal. Identify the implementation measures including regulations that would be used to minimize any adverse impacts. .052 Where applicable, existing Specific Plans may be amended to include the additional sections required by this Chapter in lieu of preparing an entirely new specific plan. Voter approval of the amendment in accordance with this Chapter shall be required. .053 To minimize delay for affected applicants, the City may process and approve discretionary applications required for a Major Development prior to a public vote on its Specific Plan, provided, however, that all approvals shall be provisional and only become final and effective if the applicable Specific Plan has been approved by the voters. If the applicable Specific Plan is not approved by the voters, the Specific Plan and all provisional approvals shall be automatically deemed disapproved. .060 Exceptions. 1) Remodeling, construction or reconstruction of a single building by individual property owners in R -1, R -1.5 or R -2 zoned parcels are not included in this Chapter. 2) The provisions of this Chapter shall not apply to the extent that they would violate state or federal laws. 3) This Chapter shall not be applied in a manner that would result in the unconstitutional taking of private property. 4) This Chapter shall not apply to any Major or Minor Developments that have received all discretionary approvals prior to the Effective Date in Section .090 below. 5) This Chapter does not apply to construction of public utilities or public transit facilities. 6) This Chapter does not apply to affordable housing projects required by state or federal law. 7) This Chapter does not apply to construction of public schools or hospitals. 8) This Chapter does not apply to properties within the Newport Coast Statistical Area "N," described and shown on City of Newport Beach Statistical Areas Map dated March 2005 that remain subject to County of Orange municipal land use and permitting authority. This Chapter shall apply to properties within Statistical Area "N" for which responsibility for municipal land use and permitting responsibility has been transferred to the City of Newport Beach, except to the extent such application would cause the City to violate legal and/or contractual commitments regarding development of the properties .070 Relationships to City Charter Section 423 and Municipal Code. 1) Should a conflict arise that cannot be reconciled, the provisions of Charter Section 423 shall prevail over this Chapter. The provisions of this Chapter shall supersede all conflicting provisions of the Municipal Code either existing or adopted in the future except those adopted by a vote of the people. 2) If a Major Development Specific Plan proposal includes a related General Plan Amendment ( "GPA ") that requires a Charter Section 423 vote, the two may be combined into one ballot measure that will satisfy the requirements of this Chapter, provided that no other Development project or GPA is included as part of the same ballot measure. 3) Each Major Development Specific Plan not approved as part of a City Charter Section 423 vote shall require approval by the electorate under the terms of this Chapter notwithstanding previous voter approval of the General Plan Amendment. .080 Amendments. This Chapter shall not be amended or repealed except by a vote of the people. .090 Effective Date. If the voters at a scheduled election approve this Chapter, the effective date for purposes of this Chapter shall be retroactive to the date of the filing of the Notice of Intent to Circulate its enabling petition. .100 Definitions. "As Built Condition" refers to residential units, buildings, and traffic existing on the Application Date. "Application Date" is the date a request for approval of a Development proposal is first submitted to the City. "Development" is a discretionary "project" as defined in the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the CEQA Guidelines, and relevant decisional law without regard to whether any environmental document is required for the project. "General Plan" is the General Plan of the City of Newport Beach adopted on October 24, 1988 as subsequently amended and in force at the time of filing of the Notice of Intent to Circulate this Initiative. "Major Development" is a proposed Development that would "Significantly Increase Traffic, Density or Intensity above the "As Built Condition' of a "Neighborhood ". "Minor Development" refers to all Developments that do not qualify as a Major Development. "Neighborhood" is all property within 500 feet of any parcel or lot that that is part of a Development proposal. If a portion of a legal lot or parcel is within 500 feet of a Development proposal, the entire lot or parcel shall be included in the neighborhood "Peak Hour Trips" means the number of peak hour vehicle trips that would be generated by a proposed Development, as defined and calculated using the most recent version of the Trip Generation Manual of the Institute of Transportation Engineers ( "ITE Manual ") in effect on the Application Date of the Development. "Proponent" is the Property owner and/or authorized applicant for a Development. "Significantly Increase" means exceeding one or more of the following thresholds over the present As Built Condition of a Neighborhood: Traffic - over 100 additional Peak Hour Trips; Density - over 100 additional dwelling units; Intensity over 40,000 additional square feet of floor area. Intensity of a Development includes the square footage of all dwelling units and commercial buildings including hotels, timeshares, theaters if they are developed on the same property as any of these commercial land use categories. A Significant Increase occurs if a Development proposal on its own exceeds one of these thresholds or if the combination of a Minor Development proposal and other Minor Developments in the same Neighborhood that were approved within five years of the Application Date exceed one of the thresholds. "Other Minor Developments" shall not include those approved pursuant to this Chapter nor approved prior to the Effective Date of this Chapter. "Specific Plan" for purposes of this Chapter means a specific plan or specific plan amendment that complies with Government Code section 65450 et.Seq. and this Chapter. (End of amendment. But the proposed ballot measure also includes the following "Second" through "Seventh ".) Second. Findings. (1) The people of Newport Beach find that their quality of life and property values are severely impacted by excess development, with its overcrowding, traffic congestion and gridlock. (2) The City's street system has not kept up with the City's growth and traffic congestion has resulted. To prevent this situation, state law requires the land Use Element of the General Plan to be consistent with the Circulation Element. But this doesn't help, because land uses are built promptly, while the street system will be built in the future or never as it is subject to funding availability and community acceptance of over passes and wider roads. (3) Traffic Engineers measure congestion in Intersection Capacity Utilization (ICU). The people find that any ICU over the current City standard of 0.9000 is unacceptable congestion. There are already six intersections in the City with ICU over 0.900. (4) The people, whose quality of life and Property Rights are at stake, should have the power to judge the merits of a proposed development. They should have the power to decide if a proposed Major Development is worth the congestion and density it will cause beyond that which can be accommodated by the Circulation Element as it exists at that time, including roadway projects that are funded and certain to be constructed within the following three years. Third. Implementation. 1. It is the intent of this Chapter of the City of Newport Beach Municipal Code that, to the maximum extent permitted by law, it be applied to all Major Development proposals that have not received final, discretionary approval as of its effective date. However, this Chapter shall not apply to a Development for which the Proponent has obtained a: (i) vested right pursuant to state law; (ii) final approval and execution of a Development Agreement authorized by the California Government Code; or (iii) approval of a vesting tentative map. 2. The City Council is encouraged to adopt guidelines to implement the foregoing Chapter following public notice and public hearing, provided that any such guidelines shall be consistent with this. Any such guidelines shall be adopted and amended only by the affirmative votes of not less than six members of the City Council. 3. All ballot measures required by this Chapter shall be worded such that a YES vote approves the Major Development Specific Plan and a NO vote rejects the Major Development Specific Plan, and any such election in which the ballot measure is not so worded shall be void and shall have no effect. 4. The ballot pamphlet describing the ballot measure shall contain both Pro and Con Arguments about the Measure and Rebuttals by both Pro and Con proponents if they so desire. The City Council is encouraged to select outside proponents and opponents of the measure to prepare arguments, instead of its own members. Fourth. Defense. The City shall vigorously defend this Chapter and its underlying initiative against any legal challenge. Fifth. Special Election. In the event that this Initiative is signed by 15% of the valid registered voters in the City of Newport Beach at the time of the filing of the notice of intent to circulate it, the City Council is requested to call a special election at the earliest date permitted by the State Election Code under these circumstances. Sixth. Construction. Nothing herein shall be construed to make illegal any lawful use presently being made of any land in accordance with the land use regulations, 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. <Iz Map No. , ■ � »§I\ :� < ƒ22 Map No. , i5 ƒ22 �q� |� RESOLUTION NO. 2006-_ 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 GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL 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 General Municipal Election to be held on Tuesday, November 7, 2006, for the purpose of submitting to the voters the question relating to the adoption of an ordinance requiring voter approval for major developments over "as built condition" of the city; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General 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 General 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 a measure is to appear on the ballot as follows: Shall the ordinance that requires the preparation and approval of a YES specific plan, as specified for a development project that, individually or in combination with other projects within a neighborhood 500 feet of the project parcel), adds more than 100 --------------- - -- dwelling units, 40,000 square feet of floor area or 100 peak hour trips when compared to the as built condition of the neighborhood, NO and submittal to the voters for final approval, be adopted? SECTION 2. That the county election department is authorized to canvass the returns of the General 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 election 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 11th day of July, 2006. ATTEST: CITY CLERK MAYOR RESOLUTION NO. 2006- 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 General Municipal Election is to be held in the City of Newport Beach, California, on Tuesday, November 7, 2006, at which there will be submitted to the voters the following measure: MEASURE SHALL THE ORDINANCE REQUIRING VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF THE CITY BE ADOPTED? 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 (Council Member in Favor) (Council Member in Favor) (Council Member in Favor) (Council Member in Favor) (Council Member in Favor) (Council Member in Favor) (Council Member in Favor) (Council Member Against) (Council Member Against) (Council Member Against) (Council Member Against) (Council Member Against) (Council Member Against) (Council Member Against) members of that body, to file (a) written argument(s) regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, 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 maybe submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal offers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed by Author(s) of Argument. 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 11th day of July, 2006. MAYOR ATTEST: CITY CLERK EXHIBIT A .010 Purpose. This Chapter gives voters the power to prevent Newport Beach from becoming an overbuilt and traffic- congested city by requiring preparation and Voter Approval of Specific Plans for Major Developments. The City's circulation system is already congested beyond current city standards and inadequate to support the current "As Built Condition" of the City. High- density developments and construction of increasingly larger buildings threaten the character and quality of neighborhoods throughout the City. Specific Plans will ensure better planning and provide voters with the information needed to make informed decisions about Major Development proposals. .020 Voter Approval of Major Development Projects. A Specific Plan shall be prepared for all Major Development proposals. Following adoption by the City Council, Major Development Specific Plans shall be submitted to the voters for final approval. .030 Application. This Chapter applies to all applications for Major Developments in the City of Newport Beach that have an Application Date later than the date the "Notice of Intent to Circulate this Petition" was filed with the City Clerk. .040 Election Procedures. .041 City approval of a Major Development proposal shall be final only after its Specific Plan has been submitted to the voters and approved by a majority of those voting on it. Each Specific Plan for a Major Development proposal shall be submitted to a public vote as a separate and distinct ballot measure regardless of whether its approval by the City Council was combined with other Developments, projects or General Plan Amendments. Each Specific Plan for a Major Development shall be identified on the ballot in a manner that clearly identifies the project it applies to, i.e. "Specific Plan for XYZ Development ". The City Council shall set any election required by this Chapter for the municipal election next following city council approval of the Major Development Specific Plan or by mutual agreement with the Proponent, the City Council may call a special election with the cost of the special election being shared by their mutual agreement. An advisory election prior to council approval of a Major Development Specific Plan does not satisfy the voter approval requirements of this Chapter. .042 The vote required by this Chapter shall be in addition to all other applicable approval requirements for Major Development proposals, including environmental review. However, all subsequent approvals required to implement a Major Development Specific Plan approved by the voters in accordance with this Chapter shall be in substantial conformance with the Specific Plan submitted to the voters, and under no circumstances, shall a subsequent approval authorize greater traffic, density or intensity than was represented to the voters. .050 Specific Plan Requirements. .051 Specific Plans required by this Chapter shall be prepared in accordance with Section 65450 et seq. of the Government Code and shall include all information deemed necessary by City Council or Planning Director. In addition, all Specific Plans for Major Developments shall include the following information: a. Project Description. Include a plot plan or diagram, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, landscaped areas, fences and walks. Include drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings as they would appear upon completion. b. Neighborhood Compatibility. Describe the project's consistency or lack of consistency with existing Neighborhood uses, i.e. commercial, residential etc. To the extent the proposed project differs from existing uses, identify the implementation measures including regulations that would be used minimize adverse neighborhood impacts. c. Summer Traffic Analysis. In addition to traffic studies otherwise required by the City, analyze the project's impact on peak traffic levels during the months of July and August. The analysis shall, at minimum, include a survey of existing traffic levels during July or August at a time and date the City's traffic engineer determines is best for determining peak summer traffic levels. Identify the implementation measures including regulations that would be used to minimize summer traffic impacts. d. Significant Increases in Traffic, Density or Intensity. Describe the Significant Increases in Traffic, Density or Intensity, as defined in this Chapter that would result from the Major Development proposal. Identify the implementation measures including regulations that would be used to minimize any adverse impacts. .052 Where applicable, existing Specific Plans may be amended to include the additional sections required by this Chapter in lieu of preparing an entirely new specific plan. Voter approval of the amendment in accordance with this Chapter shall be required. .053 To minimize delay for affected applicants, the City may process and approve discretionary applications required for a Major Development prior to a public vote on its Specific Plan, provided, however, that all approvals shall be provisional and only become final and effective if the applicable Specific Plan has been approved by the voters. If the applicable Specific Plan is not approved by the voters, the Specific Plan and all provisional approvals shall be automatically deemed disapproved. .060 Exceptions. 1) Remodeling, construction or reconstruction of a single building by individual property owners in R -1, R -1.5 or R -2 zoned parcels are not included in this Chapter. 2) The provisions of this Chapter shall not apply to the extent that they would violate state or federal laws. 3) This Chapter shall not be applied in a manner that would result in the unconstitutional taking of private property. 4) This Chapter shall not apply to any Major or Minor Developments that have received all discretionary approvals prior to the Effective Date in Section .090 below. 5) This Chapter does not apply to construction of public utilities or public transit facilities. 6) This Chapter does not apply to affordable housing projects required by state or federal law. 7) This Chapter does not apply to construction of public schools or hospitals. 8) This Chapter does not apply to properties within the Newport Coast Statistical Area "N," described and shown on City of Newport Beach Statistical Areas Map dated March 2005 that remain subject to County of Orange municipal land use and permitting authority. This Chapter shall apply to properties within Statistical Area "N" for which responsibility for municipal land use and permitting responsibility has been transferred to the City of Newport Beach, except to the extent such application would cause the City to violate legal and/or contractual commitments regarding development of the properties. .070 Relationships to City Charter Section 423 and Municipal Code. 1) Should a conflict arise that cannot be reconciled, the provisions of Charter Section 423 shall prevail over this Chapter. The provisions of this Chapter shall supersede all conflicting provisions of the Municipal Code either existing or adopted in the future except those adopted by a vote of the people. 2) If a Major Development Specific Plan proposal includes a related General Plan Amendment ( "GPA ") that requires a Charter Section 423 vote, the two may be combined into one ballot measure that will satisfy the requirements of this Chapter, provided that no other Development project or GPA is included as part of the same ballot measure. 3) Each Major Development Specific Plan not approved as part of a City Charter Section 423 vote shall require approval by the electorate under the terms of this Chapter notwithstanding previous voter approval of the General Plan Amendment. .080 Amendments. This Chapter shall not be amended or repealed except by a vote of the people. .090 Effective Date. If the voters at a scheduled election approve this Chapter, the effective date for purposes of this Chapter shall be retroactive to the date of the filing of the Notice of Intent to Circulate its enabling petition. .100 Definitions. "As Built Condition" refers to residential units, buildings, and traffic existing on the Application Date. "Application Date" is the date a request for approval of a Development proposal is first submitted to the City. "Development" is a discretionary "project' as defined in the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the CEQA Guidelines, and relevant decisional law without regard to whether any environmental document is required for the project. "General Plan" is the General Plan of the City of Newport Beach adopted on October 24, 1988 as subsequently amended and in force at the time of filing of the Notice of Intent to Circulate this Initiative. "Major Development" is a proposed Development that would "Significantly Increase Traffic, Density or Intensity above the "As Built Condition' of a "Neighborhood ". "Minor Development" refers to all Developments that do not qualify as a Major Development. "Neighborhood" is all property within 500 feet of any parcel or lot that that is part of a Development proposal. If a portion of a legal lot or parcel is within 500 feet of a Development proposal, the entire lot or parcel shall be included in the neighborhood "Peak Hour Trips" means the number of peak hour vehicle trips that would be generated by a proposed Development, as defined and calculated using the most recent version of the Trip Generation Manual of the Institute of Transportation Engineers ( "ITE Manual ") in effect on the Application Date of the Development. "Proponent" is the Property owner and/or authorized applicant for a Development. "Significantly Increase" means exceeding one or more of the following thresholds over the present As Built Condition of a Neighborhood: Traffic - over 100 additional Peak Hour Trips; Density - over 100 additional dwelling units; Intensity over 40,000 additional square feet of floor area. Intensity of a Development includes the square footage of all dwelling units and commercial buildings including hotels, timeshares, theaters if they are developed on the same property as any of these commercial land use categories. A Significant Increase occurs if a Development proposal on its own exceeds one of these thresholds or if the combination of a Minor Development proposal and other Minor Developments in the same Neighborhood that were approved within five years of the Application Date exceed one of the thresholds. "Other Minor Developments" shall not include those approved pursuant to this Chapter nor approved prior to the Effective Date of this Chapter. "Specific Plan" for purposes of this Chapter means a specific plan or specific plan amendment that complies with Government Code section 65450 et.Seq. and this Chapter. (End of amendment. But the proposed ballot measure also includes the following "Second" through "Seventh ".) Second. Findings. (1) The people of Newport Beach find that their quality of life and property values are severely impacted by excess development, with its overcrowding, traffic congestion and gridlock. (2) The City's street system has not kept up with the City's growth and traffic congestion has resulted. To prevent this situation, state law requires the land Use Element of the General Plan to be consistent with the Circulation Element. But this doesn't help, because land uses are built promptly, while the street system will be built in the future or never as it is subject to funding availability and community acceptance of over passes and wider roads. (3) Traffic Engineers measure congestion in Intersection Capacity Utilization (ICU). The people find that any ICU over the current City standard of 0.9000 is unacceptable congestion. There are already six intersections in the City with ICU over 0.900. (4) The people, whose quality of life and Property Rights are at stake, should have the power to judge the merits of a proposed development. They should have the power to decide if a proposed Major Development is worth the congestion and density it will cause beyond that which can be accommodated by the Circulation Element as it exists at that time, including roadway projects that are funded and certain to be constructed within the following three years. Third. Implementation. 1. It is the intent of this Chapter of the City of Newport Beach Municipal Code that, to the maximum extent permitted by law, it be applied to all Major Development proposals that have not received final, discretionary approval as of its effective date. However, this Chapter shall not apply to a Development for which the Proponent has obtained a: (i) vested right pursuant to state law; (ii) final approval and execution of a Development Agreement authorized by the California Government Code; or (iii) approval of a vesting tentative map. 2. The City Council is encouraged to adopt guidelines to implement the foregoing Chapter following public notice and public hearing, provided that any such guidelines shall be consistent with this. Any such guidelines shall be adopted and amended only by the affirmative votes of not less than six members of the City Council. 3. All ballot measures required by this Chapter shall be worded such that a YES vote approves the Major Development Specific Plan and a NO vote rejects the Major Development Specific Plan, and any such election in which the ballot measure is not so worded shall be void and shall have no effect. 4. The ballot pamphlet describing the ballot measure shall contain both Pro and Con Arguments about the Measure and Rebuttals by both Pro and Con proponents if they so desire. The City Council is encouraged to select outside proponents and opponents of the measure to prepare arguments, instead of its own members. Fourth. Defense. The City shall vigorously defend this Chapter and its underlying initiative against any legal challenge. Fifth. Special Election. In the event that this Initiative is signed by 15% of the valid registered voters in the City of Newport Beach at the time of the filing of the notice of intent to circulate it, the City Council is requested to call a special election at the earliest date permitted by the State Election Code under these circumstances. Sixth. Construction. Nothing herein shall be construed to make illegal any lawful use presently being made of any land in accordance with the land use regulations, 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. Map Na 1 w llff e °c o TAY /^l .t a ,. ..... —• is .: 2'..,' :'���. g y m e c i .. 4 .. .yau Fc..'. � •. -1 � -�Z w llff e °c o TAY /^l a g m e c 9 4 w llff e °c o � a g m e c • RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROVIDING FOR THE FILING 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 elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct argument. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed by Author(s) of Argument. 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 1 shall apply only to the election to be held on Tuesday, November 7, 2006. 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 11 th day of July, 2006. I -MMiT"I ATTEST: CITY CLERK COUNCIL AGENDA CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 24 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office LaVonne M. Harkless, City Clerk 949 -644 -3005, Harkless@city.newport- beach.ca.us SUBJECT: CERTIFICATION OF THE PETITION ENTITLED "VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF CITY" RECOMMENDATION: 1) Approve the certification of the petition entitled " Voter Approval for Major Developments Over "As Built Condition" of City" from the Registrar of Voters, County of Orange, as presented by the City Clerk; and 2) Direct staff to report back to Council on or before Tuesday, July 25, 2006 with the impacts of the initiative on municipal operations pursuant to Council action taken on January 24, 2006 and with the necessary actions required by Election Code Section 9215. DISCUSSION: Background: On May 30, 2006, the proponents filed the petition with the City Clerk's office. The City contracted with the County of Orange to perform the signature verification service. On June 14, 2006, the City Clerk forwarded a copy of the "Certificate as to Verification of Signatures on Initiative Petition" provided by the Registrar of Voters to the proponents informing them of the sufficiency of their petition (copy attached). Based on the voter registration, 6,056 valid signatures were required to qualify for the ballot. After examining the petition, the Registrar of Voters determined the following facts: Number of signatures filed 9,091 Number of signatures required 6,056 Number of signatures verified 7,782 Number of signatures found valid 6,088 Number of signatures found invalid 1,694 Certification of Petition June 27, 2006 Page 2 Pursuant to Election Code Sections 1415 and 9114, the clerk must certify a sufficient petition to the City Council at the next regular meeting. Based on the provisions of Election Code Section 9215 since the petition was signed by not less than 10 percent of the voters of the city, according to the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187, effective at the time the Notice of Intent was published, the legislative body shall do one of the following: (a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. (b) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405 (at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election [November 7, 2006]), unless the ordinance petitioned for is required to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section 1405. (c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b). The impact report was ordered by the City Council on January 24, 2006 (copy of staff report attached); however a time frame for presentation of the report to Council was not established at that time. Pursuant to Section 9212 of the Elections Code the report must be presented to the legislative body no later than 30 days after the elections official certifies to the sufficiency of the petition to the legislative body (on or before July 27, 2006). Environmental Review: Not applicable Submitted by: a�2,4-' �n LaVonne M. Harkless, City Clerk Attachments: Certification January 24, 2006 staff report H1Greenlight 11 Initiative - 9.05 \Certification Staff Report 6- 27 -06.doc CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION } State of California) )ss. County of Orange I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the petition submitted to the City of Newport Beach entitled, "Greenlight II ". 1 further certify that from said examination I have determined the following facts regarding this document: Number of signatures filed: 91091 Number of signatures required: 6,056 Number of signatures verified: 7.782 Number of signatures found valid: 6,088 Number of signatures found invalid: 1.694 WITNESS my hand and Official Seal this 14th day of June, 2006. NEAL KE Registrar Report on Impacts of Initiative Petitions Related to Major Developments and Financing for Public Improvements Pursuant to Elections Code January 24, 2006 Page 2 i. and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability.and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the communttys ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. If requested, the report must be presented to the Council no later than 30 days after the City Clerk certifies the sufficiency of petition. Due to the complex nature of the two initiatives it is staffs suggestion that the Council consider whether staff should begin to analyze the impacts, as authorized in the Elections Code, now. Environmental Review: This is not a project under CEQA. Public Notice: Agenda notice 72 hours before meeting as required by the Brown Act Prepared and Submitted by: Robil . Clauson, City Attorney F: W sersk aMharedl CCstafrReportstCircOfPetitions ,doc COUNCIL AGENDA 0. RESOLUTION NO. 2006- 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 General Municipal Election is to be held m the: City of Newport Beach, California, on Tuesday, November 7, 2006, at which tFiere will die submittedao the voters the following measure: ;,STOW, TI REFORE, THE1CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIt DOES RESOLVE; DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION:1. That the City Council authorizes (Council Member in Favor) (Council Member Against) (Council Member in Favor) (Council Member Against) (Council Member in Favor) (Council Member Against) (Council Member in Favor) (Council Member Against) (Council Member in Favor) (Council Member Against) (Council Member in Favor) (Council Member Against) (Council Member in Favor) (Council Member Against) members of that body, to file (a) written argument(s) regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, 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 thg date fixes -�by the City Glerk after which no arguments for or against the City measure may be submitted to the Gity Clerk The arguments shall be filed with the City Clerk, signed, with the printed aname(s) and signature(s) of the author(s) submitting it, of if submitted on tiehalf of an orgaiiiaation, the name of the organization, and the panted name and signature o£ at leas},,one of ii' principal offers who is the author of the argument The arguments shall be accompted by the Form of Statement To M. Be Filed by Author(s) of Argument y , SECT£ON2. That ll e City ,Council di", the City Clerk to transmit a copy of the measure td & City Attorney. -',The tatty Attorney shall prepare an impartial analysis of the measure showing the effeciof the measure on the existing law and the operation of the measure. as The,tiXnpartial'a alysis s?alI be filed by the date set by the City Clerk for the filing of primary SECW3 Thai the City Clerk shall certify to the passage and adoption of this resolution and enter rtYnto the book of original resolutions. PASSED, APPROVED AND ADOPTED this 11th day of July, 2006. MAYOR ATTEST: CITY CLERK I:, EXHIBIT A .010 Purpose. This Chapter gives voters the power to prevent Newport Beach from becoming an overbuilt and traffic- congested city by requiring preparation and Voter Approval of Specific Plans for Major Developments. The City's circulation system is already congested beyond current city standards and inadequate to support the current "As Built Condition" of the City. High - density developments and construction of increasingly larger buildings threaten the character and quality of neighborhoods throughout the City. Specific Plans will ensure better planning and provide voters with the information needed to make informed decisions about Major Development proposals. .020 Voter Approval of Major Development Projects. A Specific Plan shall be prepared for all Major Development proposals. Following adoption by the City Council, Major Development Specific Plans shall be submitted to the voters for final approval. .030 Application. This Chapter applies to all applications for Major Developments in the City of Newport Beach that have an Application Date later than the date the "Notice of Intent to Circulate this Petition" was filed with the City Clerk. .040 Election Procedures. .041 City approval of a Major Development proposal shall be final only after its Specific Plan has been submitted to the voters and approved by a majority of those voting on it. Each Specific Plan for a Major Development proposal shall be submitted to a public vote as a separate and distinct ballot measure regardless of whether its approval by the City Council was combined with other Developments, projects or General Plan Amendments. Each Specific Plan for a Major Development shall be identified on the ballot in a manner that clearly identifies the project it applies to, i.e. "Specific Plan for XYZ Development ". The City Council shall set any election required by this Chapter for the municipal election next following city council approval of the Major Development Specific Plan or by mutual agreement with the Proponent, the City Council may call a special election with the cost of the special election being shared by their mutual agreement. An advisory election prior to council approval of a Major Development Specific Plan does not satisfy the voter approval requirements of this Chapter. .042 The vote required by this Chapter shall be in addition to all other applicable approval requirements for Major Development proposals, including environmental review. However, all subsequent approvals required to implement a Major Development Specific Plan approved by the voters in accordance with this Chapter shall be in substantial conformance with the Specific Plan submitted to the voters, and under no circumstances, shall a subsequent approval authorize greater traffic, density or intensity than was represented to the voters. .050 Specific Plan Requirements. .051 Specific Plans required by this Chapter shall be prepared in accordance with Section 65450 et seq. of the Government Code and shall include all information deemed necessary by City Councilor Planning Director. In addition, all Specific Plans for Major Developments shall include the following information: a. Project Description. Include a plot plan or diagram, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off- street loading areas, landscaped areas, fences and walks. Include drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings as they would appear upon completion. b. Neighborhood Compatibility. Describe the project's consistency or lack of consistency with existing Neighborhood uses, i.e. commercial, residential etc. To the extent the proposed project differs from existing uses, identify the implementation measures including regulations that would be used minimize adverse neighborhood impacts. c. Summer Traffic Analysis. In addition to traffic studies otherwise required by the City, analyze the project's impact on peak traffic levels during the months of July and August. The analysis shall, at minimum, include a survey of existing traffic levels during July or August at a time and date the City's traffic engineer determines is best for determining peak summer traffic levels. Identify the implementation measures including regulations that would be used to minimize summer traffic impacts. d. Significant Increases in Traffic, Density or Intensity. Describe the Significant Increases in Traffic, Density or Intensity, as defined in this Chapter that would result from the Major Development proposal. Identify the implementation measures including regulations that would be used to minimize any adverse impacts. .052 Where applicable, existing Specific Plans may be amended to include the additional sections required by this Chapter in lieu of preparing an entirely new specific plan. Voter approval of the amendment in accordance with this Chapter shall be required. .053 To minimize delay for affected applicants, the City may process and approve discretionary applications required for a Major Development prior to a public vote on its Specific Plan, provided, however, that all approvals shall be provisional and only become final and effective if the applicable Specific Plan has been approved by the voters. If the applicable Specific Plan is not approved by the voters, the Specific Plan and all provisional approvals shall be automatically deemed disapproved. .060 Exceptions. 1) Remodeling, construction or reconstruction of a single building by individual property owners in R -1, R -1.5 or R -2 zoned parcels are not included in this Chapter. 2) The provisions of this Chapter shall not apply to the extent that they would violate state or federal laws. 3) This Chapter shall not be applied in a manner that would result in the unconstitutional taking of private property. 4) This Chapter shall not apply to any Major or Minor Developments that have received all discretionary approvals prior to the Effective Date in Section .090 below. 5) This Chapter does not apply to construction of public utilities or public transit facilities. 6) This Chapter does not apply to affordable housing projects required by state or federal law. 7) This Chapter does not apply to construction of public schools or hospitals. 8) This Chapter does not apply to properties within the Newport Coast Statistical Area "N," described and shown on City of Newport Beach Statistical Areas Map dated March 2005 that remain subject to County of Orange municipal land use and permitting authority. This Chapter shall apply to properties within Statistical Area "N" for which responsibility for municipal land use and permitting responsibility has been transferred to the City of Newport Beach, except to the extent such application would cause the City to violate legal and/or contractual commitments regarding development of the properties. .070 Relationships to City Charter Section 423 and Municipal Code. 1) Should a conflict arise that cannot be reconciled, the provisions of Charter Section 423 shall prevail over this Chapter. The provisions of this Chapter shall supersede all conflicting provisions of the Municipal Code either existing or adopted in the future except those adopted by a vote of the people. 2) If a Major Development Specific Plan proposal includes a related General Plan Amendment ( "GPA ") that requires a Charter Section 423 vote, the two may be combined into one ballot measure that will satisfy the requirements of this Chapter, provided that no other Development project or GPA is included as part of the same ballot measure. 3) Each Major Development Specific Plan not approved as part of a City Charter Section 423 vote shall require approval by the electorate under the terms of this Chapter notwithstanding previous voter approval of the General Plan Amendment. .080 Amendments. This Chapter shall not be amended or repealed except by a vote of the people. .090 Effective Date. If the voters at a scheduled election approve this Chapter, the effective date for purposes of this Chapter shall be retroactive to the date of the filing of the Notice of Intent to Circulate its enabling petition. .100 Definitions. "As Built Condition" refers to residential units, buildings, and traffic existing on the Application Date. "Application Date" is the date a request for approval of a Development proposal is first submitted to the City. "Development" is a discretionary "project" as defined in the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the CEQA Guidelines, and relevant decisional law without regard to whether any environmental document is required for the project. "General Plan" is the General Plan of the City of Newport Beach adopted on October 24, 1988 as subsequently amended and in force at the time of filing of the Notice of Intent to Circulate this Initiative. "Major Development" is a proposed Development that would "Significantly Increase Traffic, Density or Intensity above the "As Built Condition" of a "Neighborhood ". "Minor Development" refers to all Developments that do not qualify as a Major Development. "Neighborhood" is all property within 500 feet of any parcel or lot that that is part of a Development proposal. If a portion of a legal lot or parcel is within 500 feet of a Development proposal, the entire lot or parcel shall be included in the neighborhood "Peak Hour Trips" means the number of peak hour vehicle trips that would be generated by a proposed Development, as defined and calculated using the most recent version of the Trip Generation Manual of the Institute of Transportation Engineers ( "ITE Manual") in effect on the Application Date of the Development. "Proponent" is the Property owner and/or authorized applicant for a Development. "Significantly Increase" means exceeding one or more of the following thresholds over the present As Built Condition of a Neighborhood: Traffic - over 100 additional Peak Hour Trips; Density - over 100 additional dwelling units; Intensity over 40,000 additional square feet of floor area. Intensity of a Development includes the square footage of all dwelling units and commercial buildings including hotels, timeshares, theaters if they are developed on the same property as any of these commercial land use categories. A Significant Increase occurs if a Development proposal on its own exceeds one of these thresholds or if the combination of a Minor Development proposal and other Minor Developments in the same Neighborhood that were approved within five years of the Application Date exceed one of the thresholds. "Other Minor Developments" shall not include those approved pursuant to this Chapter nor approved prior to the Effective Date of this Chapter. "Specific Plan" for purposes of this Chapter means a specific plan or specific plan amendment that complies with Government Code section 65450 et.Seq. and this Chapter. (End of amendment. But the proposed ballot measure also includes the following "Second" through "Seventh ".) Second. Findings. (1) The people of Newport Beach find that their quality of life and property values are severely impacted by excess development, with its overcrowding, traffic congestion and gridlock. (2) The City's street system has not kept up with the City's growth and traffic congestion has resulted. To prevent this situation, state law requires the land Use Element of the General Plan to be consistent with the Circulation Element. But this doesn't help, because land uses are built promptly, while the street system will be built in the future or never as it is subject to funding availability and community acceptance of over passes and wider roads. (3) Traffic Engineers measure congestion in Intersection Capacity Utilization (ICU). The people find that any ICU over the current City standard of 0.9000 is unacceptable congestion. There are already six intersections in the City with ICU over 0.900. (4) The people, whose quality of life and Property Rights are at stake, should have the power to judge the merits of a proposed development. They should have the power to decide if a proposed Major Development is worth the congestion and density it will cause beyond that which can be accommodated by the Circulation Element as it exists at that time, including roadway projects that are funded and certain to be constructed within the following three years. Third. Implementation. 1. It is the intent of this Chapter of the City of Newport Beach Municipal Code that, to the maximum extent permitted by law, it be applied to all Major Development proposals that have not received final, discretionary approval as of its effective date. However, this Chapter shall not apply to a Development for which the Proponent has obtained a: (i) vested right pursuant to state law; (ii) final approval and execution of a Development Agreement authorized by the California Government Code; or (iii) approval of a vesting tentative map. 2. The City Council is encouraged to adopt guidelines to implement the foregoing Chapter following public notice and public hearing, provided that any such guidelines shall be consistent with this. Any such guidelines shall be adopted and amended only by the affirmative votes of not less than six members of the City Council. 3. All ballot measures required by this Chapter shall be worded such that a YES vote approves the Major Development Specific Plan and a NO vote rejects the Major Development Specific Plan, and any such election in which the ballot measure is not so worded shall be void and shall have no effect. 4. The ballot pamphlet describing the ballot measure shall contain both Pro and Con Arguments about the Measure and Rebuttals by both Pro and Con proponents if they so desire. The City Council is encouraged to select outside proponents and opponents of the measure to prepare arguments, instead of its own members. Fourth. Defense. The City shall vigorously defend this Chapter and its underlying initiative against any legal challenge. Fifth. Special Election. In the event that this Initiative is signed by 15% of the valid registered voters in the City of Newport Beach at the time of the filing of the notice of intent to circulate it, the City Council is requested to call a special election at the earliest date permitted by the State Election Code under these circumstances. Sixth. Construction. Nothing herein shall be construed to make illegal any lawful use presently being made of any land in accordance with the land use regulations, 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. Map No. 1 m yl -= -rte y., ♦ Pts -•�ti �Y' r�,.,y4 /. r`�1'y f +,'�' t /Y x 0 RA co m •• �L Y ��.; -a m Q c