The slow-growth initiative's purpose, in effect, is intended to force developers and city officials to determine when a project is large enough to have an adverse effect on traffic, causing unwelcome gridlock and directly impacting the quality-of-life in this upscale coastal community.
Under the guidelines adopted Tuesday, Section 423, an amendment to the Newport Beach City Charter titled Protection from Traffic and Density, requires voter approval for any major amendments to the city's General Plan. As defined by the section, a major amendment would be one that "significantly increases the maximum amount of traffic that allowed uses could generate." Such a significant increase is defined as over 100 peak-hour trips. Peak hours in the city are from 7 to 9 a.m. and 4 to 6 p.m. The number of hours will be calculated based on the manual published by the Institute of Transportation Engineers.
Any applicant proposing an amendment to the General Plan for a construction project must be provided a copy of the guidelines by the planning director and receive an initial report within 30 days that is tailored to the project according to land use, residential or non-residential. Staff reports must be prepared for each amendment, with the final report completed within 30 days after approval of the amendment.
The city council then must hold a public hearing to discuss the final report and determine whether the amendment requires a public vote. That determination is based primarily on a several factors: type and size of project and related traffic issues. Voters must approve non-residential projects that require an increase in floor space greater than 40,000 sf; residential projects exceeding 100 dwelling units; and residential or non-residential projects that generate at least 101 more peak-hour trips than prior to the amendment.
After determining that an election is required, the city council must adopt a resolution within 60 days to place the project on the ballot, either at the next regular municipal election or at a special election, if the proponent of the amendment agrees to share the cost of such an election with the city.
Although the final guidelines have just been approved, Measure S has already had an effect on proposed development in the city. In particular, the Newport Dunes Resort, which proposed 400 hotel rooms and 100 timeshare units on 30 acres around the Newport Bay, has been put on the backburner by the developer, Evans Hotels of San Diego--at least for the time being, says Patrick Alford, a senior planner for the city.
"The applicant is focusing on a project in San Diego right now," Alford says. "They have entitlement on the project. But the project is large as it currently stands and would need city approval." In fact the project is so big, that under Measure S it would have to go before the voters if kept at its present size, he adds.
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