14 - Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the Residences at 1400 Bristol Street (PA2022-0296) — Newport Beach City Council, February 13, 2024 (part 2 of 2)

PM PK HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
0 1

1.0011*
NBT
1 1600
0 .000
0 .004
NBR
0 0
0 6
SBL
0 0
36 45
SBT
1 1600
0 .033*
0 .053*
SBR
0 0
16 40
EBL
1 1600
27 .017
32 .020
EBT
2 3200
2511
.785*
2033
.638*
EBR
0 0
0 7
WBL
1 1600
1 .001*
0 .000
WBT
3 4800
1620
.338
2860
.596
WBR
1 1600
39 .024
47 .029
TOTAL CAPACITY UTILIZATION .796 .634 TOTAL CAPACITY UTILIZATION .819 692
A-140

29. Tustin & Coast Hwy
Existing + Growth + Approved +
Cumulative + Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
0 1 1.0011*
NBT
1 1600
0 .000
0 .004
NBR
0 0
0 6
SBL
0 0
36 45
SBT
1 1600
0 .033*
0 .053*
SBR
0 0
16 40
EBL
1 1600
27 .017
32 .020
EBT
2 3200
2533
.792*
2046
.642*
EBR
0 0
0 7
WBL
1 1600
1 .001*
0 .000
WBT
3 4800
1646
.343
2887
.601
WBR
1 1600
39 .024
47 .029
TOTAL CAPACITY UTILIZATION .826 .696
A-141

30. Dover & Coast Hwy
Existing
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
15 .009
36 .023
NBT
2 3200
38 .018*
49 .026*
NBR
0 0
21 34
SBL
3 4800
821
.171*
1058
.220*
SBT
1 1600
31 .019
77 .048
SBR
1 1600
124
.078
175
.109
EBL
2 3200
143
.045
133
.042*
EBT
3 4800
2251
.475*
1457
.312
EBR
0 0
27 40
WBL
1 1600
16 .010*
55 .034
WBT
3 4800
1207
.251
2178
.454*
WBR
f
497
1108
Existing + Regional Growth + Approved
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
15 .009
36 .023
NBT
2 3200
38 .018*
49 .026*
NBR
0 0
21 34
SBL
3 4800
826
.172*
1071
.223*
SBT
1 1600
31 .019
77 .048
SBR
1 1600
142
.089
203
. M
EBL
2 3200
157
.049
170
.053*
EBT
3 4800
2386
.503*
1582
.338
EBR
0 0
27 40
WBL
1 1600
16 .010*
55 .034
WBT
3 4800
1295
.270
2325
.484*
WBR
f
506
1118
TOTAL CAPACITY UTILIZATION .674 .742 TOTAL CAPACITY UTILIZATION .703 .786 Existing + Growth + Approved +
Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
15 .009
36 .023
NBT
2 3200
38 .018*
49 .026*
NBR
0 0
21 34
SBL
3 4800
835
.174*
1072
.223*
SBT
1 1600
31 .019
77 .048
SBR
1 1600
142
.089
203
.127
EBL
2 3200
157
.049
170
.053*
EBT
3 4800
2408
.507*
1595
.341
EBR
0 0
27 40
WBL
1 1600
16 .010*
55 .034
WBT
3 4800
1321
.275
2352
.490*
WBR
f
512
1128
Existing + Growth + Approved +
Cumulative
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
15 .009
36 .023
NBT
2 3200
38 .018*
49 .026*
NBR
0 0
21 34
SBL
3 4800
854
.178*
1154
.240*
SBT
1 1600
31 .019
77 .048
SBR
1 1600
142
.089
203
.127
EBL
2 3200
157
.049
170
.053*
EBT
3 4800
2480
.522*
1914
.407
EBR
0 0
27 40
WBL
1 1600
16 .010*
55 .034
WBT
3 4800
1575
.328
2522
.525*
WBR
f
586
1169
TOTAL CAPACITY UTILIZATION .709 .792 TOTAL CAPACITY UTILIZATION .728 844
A-142

30. Dover & Coast Hwy
Existing + Growth + Approved +
Cumulative + Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
15 .009
36 .023
NBT
2 3200
38 .018*
49 .026*
NBR
0 0
21 34
SBL
3 4800
863
.180*
1155
.241*
SBT
1 1600
31 .019
77 .048
SBR
1 1600
142
.089
203
.127
EBL
2 3200
157
.049
170
.053*
EBT
3 4800
2502
.527*
1927
.410
EBR
0 0
27 40
WBL
1 1600
16 .010*
55 .034
WBT
3 4800
1601
.334
2549
.531*
WBR
f
592
1179
TOTAL CAPACITY UTILIZATION .735 .851
A-143

31. Bayside & Coast Hwy
Existing

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 394 477
NBT 0.5 4800 17 .093* 17 .109*
NBR 0 35 29
SBL 1 1600 19 .012 27 .017
SBT 1 1600 9 .017* 11 .026*
SBR 0 0 18 30
EBL 1 1600 26 .016 48 .030*
EBT 3 4800 2800 .583* 1947 .406
EBR 1 1600 344 .215 424 .265
WBL 1 1600 62 .039* 74 .046
WBT 4 6400 1407 .222 3026 .477*
WBR 0 0 14 29
Note: Assumes NIS Split Phasing
Existing + Regional Growth + Approved

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 397 482
NBT 0.5 4800 17 .094* 17 .110*
NBR 0 36 29
SBL 1 1600 63 .039* 98 .061*
SBT 1 1600 9 .028 11 .044
SBR 0 0 36 59
EBL 1 1600 61 .038 74 .046*
EBT 3 4800 2946 .614* 2083 .434
EBR 1 1600 346 .216 431 .269
WBL 1 1600 62 .039* 74 .046
WBT 4 6400 1502 .237 3203 .505*
WBR 0 0 14 29
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .732 .642 TOTAL CAPACITY UTILIZATION .786 .722 Existing + Growth + Approved + Project

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 397 482
NBT 0.5 4800 17 .094* 17 .110*
NBR 0 36 29
SBL 1 1600 63 .039* 98 .061*
SBT 1 1600 9 .028 11 .044
SBR 0 0 36 59
EBL 1 1600 61 .038 74 .046*
EBT 3 4800 2977 .620* 2096 .437
EBR 1 1600 346 .216 431 .269
WBL 1 1600 62 .039* 74 .046
WBT 4 6400 1534 .242 3240 .511*
WBR 0 0 14 29
Note: Assumes NIS Split Phasing
Existing + Growth + Approved + Cumulative
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
VIC
VOL
VIC
NBL

2.5 397
482
NBT

0.5 4800
17 .094*
17 .110*
NBR
0 36
29 SBL
1 1600
68 .043*
102
.064*
SBT
1 1600
9 .028
11 .044
SBR
0 0
36 59
EBL
1 1600
61 .038
74 .046*
EBT
3 4800
3062
.638*
2468
.514
EBR
1 1600
346
.216
431
.269
WBL
1 1600
62 .039*
74 .046
WBT
4 6400
1849
.292
3437
.542*
WBR
0 0
18 33
Note:

Assumes
NIS Split
Phasing
TOTAL CAPACITY UTILIZATION .792 .728 TOTAL CAPACITY UTILIZATION .814 762
A-144

31. Bayside & Coast Hwy
Existing + Growth + Approved + Cumulative + Project

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL VIC VOL VIC
NBL 2.5 397 482
NBT 0.5 4800 17 .094* 17 .110*
NBR 0 36 29
SBL 1 1600 68 .043* 102 .064*
SBT 1 1600 9 .028 11 .044
SBR 0 0 36 59
EBL 1 1600 61 .038 74 .046*
EBT 3 4800 3093 .644* 2481 .517
EBR 1 1600 346 .216 431 .269
WBL 1 1600 62 .039* 74 .046
WBT 4 6400 1881 .297 3474 .548*
WBR 0 0 18 33
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .820 .768
A-145

32. Newport Center & Coast Hwy
Existing
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
0 0
NBT
0 0
0 0
NBR
0 0
0 0
SBL
2 3200
46 .014*
141
.044*
SBT
0 0
0 0
SBR
f
82 539
EBL
2 3200
263
.082
307
.096*
EBT
3 4800
1642
.342*
1567
.326
EBR
0 0
0 0
WBL
0 0
0 0
WBT
3 4800
1222
.255
1881
.392*
WBR
f
225
160
Existing + Regional Growth + Approved
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
0 0
NBT
0 0
0 0
NBR
0 0
0 0
SBL
2 3200
46 .014*
144
.045*
SBT
0 0
0 0
SBR
f
91 570
EBL
2 3200
268
.084
320
.100*
EBT
3 4800
1697
.354*
1627
.339
EBR
0 0
0 0
WBL
0 0
0 0
WBT
3 4800
1274
.265
1944
.405*
WBR
f
226
166
TOTAL CAPACITY UTILIZATION .356 .532 TOTAL CAPACITY UTILIZATION .368 .550 Existing + Growth + Approved +
Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
0 0
NBT
0 0
0 0
NBR
0 0
0 0
SBL
2 3200
44 .014*
135
.042*
SBT
0 0
0 0
SBR
f
102
572
EBL
2 3200
268
.084
321
.100*
EBT
3 4800
1726
.360*
1633
.340
EBR
0 0
0 0
WBL
0 0
0 0
WBT
3 4800
1278
.266
1973
.411*
WBR
f
223
154
Existing + Growth + Approved +
Cumulative
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
0 0
NBT
0 0
0 0
NBR
0 0
0 0
SBL
2 3200
46 .014*
144
.045*
SBT
0 0
0 0
SBR
f
91 570
EBL
2 3200
268
.084*
320
.100*
EBT
3 4800
1853
.386
2140
.446
EBR
0 0
0 0
WBL
0 0
0 0
WBT
3 4800
1743
.363*
2261
.471*
WBR
f
226
166
TOTAL CAPACITY UTILIZATION .374 .553 TOTAL CAPACITY UTILIZATION .461 616
A-146

32. Newport Center & Coast Hwy
Existing + Growth + Approved +
Cumulative + Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
0 0
NBT
0 0
0 0
NBR
0 0
0 0
SBL
2 3200
44 .014*
135
.042*
SBT
0 0
0 0
SBR
f
102
572
EBL
2 3200
268
.084*
321
.100*
EBT
3 4800
1882
.392
2146
.447
EBR
0 0
0 0
WBL
0 0
0 0
WBT
3 4800
1747
.364*
2290
.477*
WBR
f
223
154
TOTAL CAPACITY UTILIZATION .462 .619
A-147

33. Avocado & Coast Hwy
Existing

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 78 .049 109 .068*
NBT 1 1600 106 .066* 90 .056
NBR 1 1600 121 .076 163 .102
SBL 1.5 50 300
SBT 0.5 3200 43 .029* 130 .134*
SBR f 50 275
EBL 1 1600 199 .124* 120 .075
EBT 3 4800 1233 .267 1494 .326*
EBR 0 0 48 70
WBL 1 1600 95 .059 119 .074*
WBT 3 4800 1126 .M* 1365 .309
WBR 0 0 177 119
Note: Assumes NIS Split Phasing
Existing + Regional Growth + Approved
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
VIC
VOL
VIC
NBL
1 1600
78 .049
109
.068*
NBT
1 1600
106
.066*
90 .056
NBR
1 1600
121
.076
163
.102
SBL

1.5 50
300
SBT

0.5 3200
43 .029*
130
.134*
SBR
f
50 276
EBL
1 1600
199
.124*
120
.075
EBT
3 4800
1288
.278
1564
.341*
EBR
0 0
48 71
WBL
1 1600
95 .059
119
.074*
WBT
3 4800
1186
.284*
1427
.322
WBR
0 0
177
119
Note:

Assumes
NIS Split
Phasing
TOTAL CAPACITY UTILIZATION .490 .602 TOTAL CAPACITY UTILIZATION .503 .617 Existing + Growth + Approved + Project

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 78 .049 109 .068*
NBT 1 1600 106 .066* 90 .056
NBR 1 1600 121 .076 163 .102
SBL 1.5 53 319
SBT 0.5 3200 43 .030* 130 .140*
SBR f 54 305
EBL 1 1600 228 .143* 126 .079
EBT 3 4800 1287 .278 1560 .340*
EBR 0 0 48 71
WBL 1 1600 95 .059 119 .074*
WBT 3 4800 1184 .288* 1421 .322
WBR 0 0 197 123
Note: Assumes NIS Split Phasing
Existing + Growth + Approved + Cumulative
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
VIC
VOL
VIC
NBL
1 1600
78 .049
109
.068*
NBT
1 1600
106
.066*
90 .056
NBR
1 1600
121
.076
163
.102
SBL

1.5 50
300
SBT

0.5 3200
43 .029*
130
.134*
SBR
f
50 276
EBL
1 1600
199
.124*
120
.075
EBT
3 4800
1444
.311
2077
.448*
EBR
0 0
48 71
WBL
1 1600
95 .059
119
.074*
WBT
3 4800
1655
.382*
1744
.388
WBR
0 0
177
119
Note:

Assumes
NIS Split
Phasing
TOTAL CAPACITY UTILIZATION .527 .622 TOTAL CAPACITY UTILIZATION .601 724
A-148

33. Avocado & Coast Hwy
Existing + Growth + Approved + Cumulative + Project

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL VIC VOL VIC
NBL 1 1600 78 .049 109 .068*
NBT 1 1600 106 .066* 90 .056
NBR 1 1600 121 .076 163 .102
SBL 1.5 53 319
SBT 0.5 3200 43 .030* 130 .140*
SBR f 54 305
EBL 1 1600 228 .143* 126 .079
EBT 3 4800 1443 .311 2073 .447*
EBR 0 0 48 71
WBL 1 1600 95 .059 119 .074*
WBT 3 4800 1653 .385* 1738 .388
WBR 0 0 197 123
Note: Assumes NIS Split Phasing
TOTAL CAPACITY UTILIZATION .624 .729
A-149

34. Goldenrod & Coast Hwy
Existing

AM PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
106
110 1.0691*
NBT
1 1600
0 .083*
0 .084
NBR
0 0
27 25
SBL
0 0
40 1.0251*
47 SBT
1 1600
5 .037
5 .047*
SBR
0 0
14 23
EBL
1 1600
16 .010*
39 .024
EBT
2 3200
1132
.366
1717
.545*
EBR
0 0
39 26
WBL
1 1600
44 .028
26 .016*
WBT
2 3200
1935
.608*
1703
.536
WBR
0 0
11 13
Existing + Regional Growth +
Approved
AM

PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
106
110 1.0691*
NBT
1 1600
0 .083*
0 .084
NBR
0 0
27 25
SBL
0 0
41 1.0261*
47 SBT
1 1600
5 .038
5 .047*
SBR
0 0
14 23
EBL
1 1600
16 .010*
39 .024
EBT
2 3200
1183
.382
1794
.569*
EBR
0 0
39 26
WBL
1 1600
44 .028
26 .016*
WBT
2 3200
2022
.635*
1778
.560
WBR
0 0
11 13
TOTAL CAPACITY UTILIZATION .726 .677 TOTAL CAPACITY UTILIZATION .754 .701 Existing + Growth + Approved +
Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
106
110 1.0691*
NBT
1 1600
0 .083*
0 .084
NBR
0 0
27 25
SBL
0 0
41 1.0261*
47 SBT
1 1600
5 .038
5 .047*
SBR
0 0
14 23
EBL
1 1600
16 .010*
39 .024
EBT
2 3200
1197
.386
1812
.574*
EBR
0 0
39 26
WBL
1 1600
44 .028
26 .016*
WBT
2 3200
2041
.641*
1780
.560
WBR
0 0
11 13
Existing + Growth + Approved +
Cumulative

AM PK HOUR

PM PK HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
106
110

1.0691*
NBT
1 1600
0 .083*
0 .084
NBR
0 0
27 25
SBL
0 0
41 1.0261*
47 SBT
1 1600
5 .038
5 .047*
SBR
0 0
14 23
EBL
1 1600
16 .010*
39 .024
EBT
2 3200
1342
.432
2321
.733*
EBR
0 0
39 26
WBL
1 1600
44 .028
26 .016*
WBT
2 3200
2524
.792*
2095
.659
WBR
0 0
11 13
TOTAL CAPACITY UTILIZATION .760 .706 TOTAL CAPACITY UTILIZATION .911 865
A-150

34. Goldenrod & Coast Hwy
Existing + Growth + Approved +
Cumulative + Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
106
110 1.0691*
NBT
1 1600
0 .083*
0 .084
NBR
0 0
27 25
SBL
0 0
41 1.0261*
47 SBT
1 1600
5 .038
5 .047*
SBR
0 0
14 23
EBL
1 1600
16 .010*
39 .024
EBT
2 3200
1356
.436
2339
.739*
EBR
0 0
39 26
WBL
1 1600
44 .028
26 .016*
WBT
2 3200
2543
.798*
2097
.659
WBR
0 0
11 13
TOTAL CAPACITY UTILIZATION .917 .871
A-151

35. Marguerite & Coast Hwy
Existing
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
120
.075*
94 .059*
NBT
1 1600
73 .081
71 .092
NBR
0 0
56 76
SBL
1 1600
49 .031
92 .058
SBT
1 1600
67 .121*
84 .101*
SBR
0 0
127
78 EBL
1 1600
48 .030*
55 .034
EBT
2 3200
1104
.345
1687
.527*
EBR
1 1600
81 .051
57 .036
WBL
1 1600
24 .015
63 .039*
WBT
2 3200
1764
.562*
1366
.437
WBR
0 0
33 31
Existing + Regional Growth + Approved
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
120
.075*
94 .059*
NBT
1 1600
73 .081
71 .092
NBR
0 0
56 76
SBL
1 1600
49 .031
92 .058
SBT
1 1600
67 .121*
84 .101*
SBR
0 0
127
78 EBL
1 1600
48 .030*
55 .034
EBT
2 3200
1153
.360
1761
.550*
EBR
1 1600
81 .051
57 .036
WBL
1 1600
24 .015
63 .039*
WBT
2 3200
1845
.587*
1428
.456
WBR
0 0
33 31
TOTAL CAPACITY UTILIZATION .788 .726 TOTAL CAPACITY UTILIZATION .813 .749 Existing + Growth + Approved +
Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
120
.075*
94 .059*
NBT
1 1600
73 .081
71 .092
NBR
0 0
56 76
SBL
1 1600
49 .031
92 .058
SBT
1 1600
67 .121*
84 .101*
SBR
0 0
127
78 EBL
1 1600
48 .030*
55 .034
EBT
2 3200
1167
.365
1779
.556*
EBR
1 1600
81 .051
57 .036
WBL
1 1600
24 .015
63 .039*
WBT
2 3200
1864
.593*
1430
.457
WBR
0 0
33 31
Existing + Growth + Approved +
Cumulative
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
120
.075*
94 .059*
NBT
1 1600
73 .081
71 .092
NBR
0 0
56 76
SBL
1 1600
52 .033
105
.066
SBT
1 1600
67 .121*
84 .101*
SBR
0 0
127
78 EBL
1 1600
48 .030*
55 .034
EBT
2 3200
1312
.410
2288
.715*
EBR
1 1600
81 .051
57 .036
WBL
1 1600
24 .015
63 .039*
WBT
2 3200
2347
.748*
1745
.557
WBR
0 0
46 38
TOTAL CAPACITY UTILIZATION .819 .755 TOTAL CAPACITY UTILIZATION .974 914
A-152

35. Marguerite & Coast Hwy
Existing + Growth + Approved +
Cumulative + Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
120
.075*
94 .059*
NBT
1 1600
73 .081
71 .092
NBR
0 0
56 76
SBL
1 1600
52 .033
105
.066
SBT
1 1600
67 .121*
84 .101*
SBR
0 0
127
78 EBL
1 1600
48 .030*
55 .034
EBT
2 3200
1326
.414
2306
. M*
EBR
1 1600
81 .051
57 .036
WBL
1 1600
24 .015
63 .039*
WBT
2 3200
2366
.754*
1747
.558
WBR
0 0
46 38
TOTAL CAPACITY UTILIZATION .980 .920
A-153

36. Newport Center & Santa Barbara
Existing
AM PK
HOUR
PM PK
HOUR
LANES

1.0141*
WBT
2 3200
5 .004*
44 .028
WBR
0 0
6 .004
24 Right
Turn
Adjustment
EBR
.044*
Existing + Regional Growth + Approved
AM PK
HOUR

PM PK HOUR
LANES

1.0141*
WBT
2 3200
5 .004*
44 .028
WBR
0 0
6 .004
24 Right
Turn Adjustment
EBR
.044*
TOTAL CAPACITY UTILIZATION .140 .228 TOTAL CAPACITY UTILIZATION .140 .228 Existing + Growth + Approved +
Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
75 .047*
155
.097*
NBT
2 3200
134
.042
102
.032
NBR
1 1600
14 .009
34 .021
SBL
1 1600
11 .007
42 .026
SBT
2 3200
76 .024*
180
.056*
SBR
1 1600
39 .024
67 .042
EBL
1 1600
34 .021*
38 .024
EBT
2 3200
30 .019
106
.066*
EBR
0 0
165
.103
132
.083
WBL
0 0
2 23 1.0141*
WBT
2 3200
6 .004*
53 .031
WBR
0 0
6 24
Right
Turn Adjustment
EBR
.044*
Existing + Growth + Approved + Cumulative

AM PK HOUR

PM PK HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
75 .047*
155
.097*
NBT
2 3200
134
.042
102
.032
NBR
1 1600
14 .009
34 .021
SBL
1 1600
11 .007
42 .026
SBT
2 3200
76 .024*
180
.056*
SBR
1 1600
39 .024
67 .042
EBL
1 1600
34 .021*
38 .024
EBT
2 3200
28 .018
97 .061*
EBR
0 0
165
.103
132
.083
WBL
0 0
2 23 1.0141*
WBT
2 3200
5 .004*
44 .028
WBR
0 0
6 .004
24 Right
Turn Adjustment
EBR
.044*
TOTAL CAPACITY UTILIZATION .140 .233 TOTAL CAPACITY UTILIZATION .140 228
A-154

36. Newport Center & Santa Barbara
Existing + Growth + Approved + Cumulative + Project

AM PK HOUR

PM PK HOUR
LANES

37. Santa Cruz & Newport Center
Existing

AM PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
10 1.0061*
50 1.0311*
NBT
2 3200
32 .022
144
.086
NBR
0 0
27 80
SBL
1 1600
25 .016
32 .020
SBT
1 1600
85 .053*
120
.075*
SBR
1 1600
56 .035
103
.064
EBL
1 1600
35 .022
91 .057
EBT
2 3200
60 .019*
102
.032*
EBR
1 1600
22 .014
42 .026
WBL 1 1600 63 .039* 116 .073*
WBT 2 3200 84 .026 102 .032
WBR 1 1600 34 .021 81 .051
Existing + Regional Growth +
Approved
AM

PK HOUR

PM PK HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
10 1.0061*
50 1.0311*
NBT
2 3200
32 .022
144
.086
NBR
0 0
27 80
SBL
1 1600
25 .016
32 .020
SBT
1 1600
85 .053*
120
.075*
SBR
1 1600
56 .035
103
.064
EBL
1 1600
35 .022
91 .057
EBT
2 3200
60 .019*
102
.032*
EBR
1 1600
22 .014
42 .026
WBL
1 1600
63 .039*
116
.073*
WBT
2 3200
84 .026
102
.032
WBR
1 1600
34 .021
81 .051
TOTAL CAPACITY UTILIZATION .117 .211 TOTAL CAPACITY UTILIZATION .117 .211 Existing + Growth + Approved +
Project

AM PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
10 1.0061*
50 1.0311*
NBT
2 3200
33 .022
153
.088
NBR
0 0
27 80
SBL
1 1600
25 .016
32 .020
SBT
1 1600
87 .054*
129
.081*
SBR
1 1600
56 .035
103
.064
EBL
1 1600
35 .022
91 .057
EBT
2 3200
60 .019*
102
.032*
EBR
1 1600
22 .014
42 .026
WBL
1 1600
63 .039*
116
.073*
WBT
2 3200
84 .026
102
.032
WBR
1 1600
34 .021
81 .051
Existing + Growth + Approved +
Cumulative
AM PK
HOUR

PM PK HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
0 0
10 1.0061*
50 1.0311*
NBT
2 3200
32 .022
144
.086
NBR
0 0
27 80
SBL
1 1600
25 .016
32 .020
SBT
1 1600
85 .053*
120
.075*
SBR
1 1600
56 .035
103
.064
EBL
1 1600
35 .022
91 .057
EBT
2 3200
60 .019*
102
.032*
EBR
1 1600
22 .014
42 .026
WBL
1 1600
63 .039*
116
.073*
WBT
2 3200
84 .026
102
.032
WBR
1 1600
34 .021
81 .051
TOTAL CAPACITY UTILIZATION .118 .217 TOTAL CAPACITY UTILIZATION .117 211
A-156

37. Santa Cruz & Newport Center
Existing + Growth + Approved +
Cumulative
+ Project

AM PK HOUR
PM PK
HOUR
LANES

38. Newport Center & Santa Rosa
Existing

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 31 .019 38 .024
NBT 2 3200 69 .022* 204 .064*
NBR 1 1600 22 .014 36 .023
SBL 1 1600 87 .054* 80 .050*
SBT 2 3200 183 .057 228 .071
SBR 1 1600 43 .027 84 .053
EBL 0 0 20 84
EBT 2 3200 39 .027* 67 .067*
EBR 0 0 26 63
WBL 0.5 42 33
WBT 2 4000 87 .032* 102 .034*
WBR 1 1600 145 .091 163 .102
Right Turn Adjustment WBR .018* WBR .030*
Note: Assumes E/W Split Phasing
Existing + Regional Growth + Approved

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 31 .019* 38 .024
NBT 2 3200 75 .023 230 .072*
NBR 1 1600 22 .014 36 .023
SBL 1 1600 87 .054 80 .050*
SBT 2 3200 213 .067* 243 .076
SBR 1 1600 43 .027 84 .053
EBL 0 0 20 84
EBT 2 3200 34 .025* 42 .053*
EBR 0 0 26 63 .039
WBL 0.5 42 33
WBT 2 4000 76 .030* 60 .023*
WBR 1 1600 145 .091 163 .102
Right Turn Adjustment WBR .014* WBR .041*
Note: Assumes E/W Split Phasing
Existing + Growth + Approved +
Cumulative
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
31 .019
38 .024
NBT
2 3200
69 .022*
204
.064*
NBR
1 1600
22 .014
36 .023
SBL
1 1600
87 .054*
80 .050*
SBT
2 3200
183
.057
228
.071
SBR
1 1600
43 .027
84 .053
EBL
0 0
20 84
EBT
2 3200
50 .030*
109
.080*
EBR
0 0
26 63
WBL

0.5 42
33 WBT
2 4000
126
.042*
127
.040*
WBR
1 1600
145
.091
163
.102
Right
Turn Adjustment
WBR
.008*
WBR
.024*
Note:

Assumes
E/W Split
Phasing
TOTAL CAPACITY UTILIZATION .155 .239 TOTAL CAPACITY UTILIZATION .156 258
A-158

38. Newport Center & Santa Rosa
Existing + Growth + Approved + Cumulative + Project

AM PK HOUR PM PK HOUR

LANES CAPACITY VOL V/C VOL V/C
NBL 1 1600 31 .019* 38 .024
NBT 2 3200 75 .023 230 .072*
NBR 1 1600 22 .014 36 .023
SBL 1 1600 87 .054 80 .050*
SBT 2 3200 213 .067* 243 .076
SBR 1 1600 43 .027 84 .053
EBL 0 0 20 84
EBT 2 3200 45 .028* 84 .072*
EBR 0 0 26 63
WBL 0.5 42 33
WBT 2 4000 115 .039* 85 .030*
WBR 1 1600 145 .091 163 .102
Right Turn Adjustment WBR .005* WBR .034*
Note: Assumes E/W Split Phasing
TOTAL CAPACITY UTILIZATION .158 .258
A-159

39. Newport Center & San Miguel
Existing

AM PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
48 .030
98 .061*
NBT
2 3200
147
.086*
98 .061
NBR
0 0
127
180
.113
SBL
0 0
55 1.0341*
104
SBT
2 3200
54 .041
174
.121*
SBR
0 0
21 110
EBL
1 1600
13 .008
42 .026
EBT
2 3200
39 .012*
248
.078*
EBR
1 1600
17 .011
100
.063
WBL 1 1600 132 .083* 243 .152*
WBT 2 3200 138 .043 282 .088
WBR 1 1600 107 .067 160 .100
Existing + Regional Growth +
Approved
AM

PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
48 .030
98 .061*
NBT
2 3200
147
.086*
98 .061
NBR
0 0
127
180
.113
SBL
0 0
55 1.0341*
104
SBT
2 3200
54 .041
174
.121*
SBR
0 0
21 110
EBL
1 1600
13 .008
42 .026
EBT
2 3200
39 .012*
248
.078*
EBR
1 1600
17 .011
100
.063
WBL
1 1600
132
.083*
243
.152*
WBT
2 3200
138
.043
282
.088
WBR
1 1600
107
.067
160
.100
TOTAL CAPACITY UTILIZATION .215 .412 TOTAL CAPACITY UTILIZATION .215 .412 Existing + Growth + Approved +
Project

AM PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
48 .030
98 .061*
NBT
2 3200
150
.087*
108
.068
NBR
0 0
127
180
.113
SBL
0 0
62 1.0391*
84 SBT
2 3200
64 .046
167
.113*
SBR
0 0
21 110
EBL
1 1600
13 .008
42 .026
EBT
2 3200
41 .013*
264
.083*
EBR
1 1600
17 .011
100
.063
WBL
1 1600
132
.083*
243
.152*
WBT
2 3200
142
.044
296
.093
WBR
1 1600
101
.063
134
.084
Existing + Growth + Approved +
Cumulative

AM PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
48 .030
98 .061*
NBT
2 3200
147
.086*
98 .061
NBR
0 0
127
180
.113
SBL
0 0
55 1.0341*
104
SBT
2 3200
54 .041
174
.121*
SBR
0 0
21 110
EBL
1 1600
13 .008
42 .026
EBT
2 3200
51 .016*
285
.089*
EBR
1 1600
17 .011
100
.063
WBL
1 1600
132
.083*
243
.152*
WBT
2 3200
175
.055
304
.095
WBR
1 1600
107
.067
160
.100
TOTAL CAPACITY UTILIZATION .222 .409 TOTAL CAPACITY UTILIZATION .219 423
A-160

39. Newport Center & San Miguel
Existing + Growth + Approved +
Cumulative
+ Project

AM PK HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
48 .030
98 .061*
NBT
2 3200
150
.087*
108
.068
NBR
0 0
127
180
.113
SBL
0 0
62 1.0391*
84 SBT
2 3200
64 .046
167
.113*
SBR
0 0
21 110
EBL
1 1600
13 .008
42 .026
EBT
2 3200
53 .017*
301
.094*
EBR
1 1600
17 .011
100
.063
WBL
1 1600
132
.083*
243
.152*
WBT
2 3200
179
.056
318
.099
WBR
1 1600
101
.063
134
.084
TOTAL CAPACITY UTILIZATION .226 .420
A-161

40. Newport Center/Fashion Island & Newport Center
Existing
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
167
.104*
143
.089*
NBT
2 3200
58 .018
169
.053
NBR
1 1600
276
.173
119
.074
SBL
1 1600
4 .003
41 .026
SBT
2 3200
10 .003*
112
.036*
SBR
0 0
1 3
EBL
1 1600
6 .004
22 .014
EBT
2 3200
98 .031*
105
.033*
EBR
1 1600
125
.078
215
.134
WBL
1 1600
68 .043*
WBT
2 3200
41 .013
WBR
1 1600
12 .008
Right
Turn
Adjustment
NBR
.037*
376 .235*
83 .026
52 .033
EBR .034*
Existing + Regional Growth + Approved
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
167
.104*
143
.089*
NBT
2 3200
58 .018
169
.053
NBR
1 1600
276
.173
119
.074
SBL
1 1600
4 .003
41 .026
SBT
2 3200
10 .003*
112
.036*
SBR
0 0
1 3
EBL
1 1600
6 .004
22 .014
EBT
2 3200
98 .031*
105
.033*
EBR
1 1600
125
.078
215
.134
WBL
1 1600
68 .043*
376
.235*
WBT
2 3200
41 .013
83 .026
WBR
1 1600
12 .008
52 .033
Right
Turn Adjustment
NBR
.037*
EBR
.034*
TOTAL CAPACITY UTILIZATION .218 .427 TOTAL CAPACITY UTILIZATION .218 .427 Existing + Growth + Approved +
Project
AM PK
HOUR
PM PK
HOUR
LANES

CAPACITY
VOL
V/C
VOL
V/C
NBL
1 1600
167
.104*
143
.089*
NBT
2 3200
60 .019
178
.056
NBR
1 1600
274
.171
111
.069
SBL
1 1600
4 .003
41 .026
SBT
2 3200
11 .004*
121
.039*
SBR
0 0
1 3
EBL
1 1600
6 .004
22 .014
EBT
2 3200
98 .031*
105
.033*
EBR
1 1600
125
.078
215
.134
WBL
1 1600
78 .049*
369
.231*
WBT
2 3200
41 .013
83 .026
WBR
1 1600
12 .008
52 .033
Right
Turn Adjustment
NBR
.029*
EBR
.034*
Existing + Growth + Approved + Cumulative
AM PK
HOUR
LANES

CAPACITY
VOL
V/C
NBL
1 1600
167
.104*
NBT
2 3200
58 .018
NBR
1 1600
276
.M
SBL
1 1600
4 .003
SBT
2 3200
10 .003*
SBR
0 0
1 EBL
1 1600
6 .004
EBT
2 3200
98 .031*
EBR
1 1600
125
.078
WBL
1 1600
68 .043*
WBT
2 3200
41 .013
WBR
1 1600
12 .008
Right
Turn Adjustment
NBR
.037*
TOTAL CAPACITY UTILIZATION .217 .426 TOTAL CAPACITY UTILIZATION .218

PM PK HOUR

VOL V/C
143 .089*
169 .053
119 .074
41 .026
112 .036*
3 22 .014
105 .033*
215 .134
376 .235*
83 .026
52 .033
EBR .034*
427
A-162

40. Newport Center/Fashion Island & Newport Center
Existing + Growth + Approved +
Cumulative
+ Project
AM PK
HOUR
PM PK
HOUR
LANES

FINAL
City of Newport Beach

NEWPORT CENTER TRIP TRANSFER

TRAFFIC STUDY
Prepared by:

Austin -Foust Associates, Inc.
2223 Wellington Avenue, Suite 300
Santa Ana, California 92701-3161
(714)667-0496
November 7, 2007

City of Newport Beach

NEWPORT CENTER TRIP TRANSFER

TRAFFIC STUDY
As part of the proposed North Newport Center Project, The Irvine Company is proposing to remove some existing and entitled uses in Block 600 and replace them with office uses in Block 500. As part of the proposed transfer of uses, The Irvine Company and the City wish to reserve 72,000 square feet of the converted uses for a new City Hall building in Block 500. The transfer of development rights within Newport Center is allowed in accordance with the City of Newport Beach General Plan Policy LU

6.14.3 provided the transfer will not result in any adverse traffic impacts. Austin -Foust Associates, Inc. (AFA) examined the conversion and transfer of the entitled uses into equivalent office uses on the basis of a PM peak hour trip generation equivalency basis.

ANALYSIS
The transfer involves existing uses including a health club, restaurant, and office as well as remaining, but as yet unused entitlement for hotel uses in Block 600, which will be replaced by office use in Block 500. The existing uses in Block 600 amount to 42,036 square feet (sf) of office, restaurant and health club uses. The unused entitlement in Block 600 is 195 hotel rooms. These entitled uses in Block 600 are to be replaced in Block 500 with office use, 72,000 sf of which may be used for a new City Hall.

The analysis is based upon use of the worst case PM peak hour trip rates. Rates for the analysis were taken from ITE's 7rh Edition Trip Generation publication. The trips generated by the uses proposed to be eliminated are calculated in Table 1. As indicated, the uses included as the basis of the proposed transfer are projected to generate 339 PM peak hour trips.

A potential new City Hall of 72,000 sf would generate 108 peak hour trips (based on a rate of 1.5 trips per thousand square feet) leaving 231 trips, which can be allocated toward other uses. These 231 PM peak hour trips equate to 206,000± sf of office use based on a trip rate of 1.12 trips/TSF. The proposed project consists of 205,161 sf of office space in Block 500. Therefore, the total PM peak hour trip generation associated with the converted uses proposed for Block 500 would be 338 trips.

Newport Center Trip Transfer 1 Austin -Foust Associates, Inc.

Traffic Study 017080rpt.doc

Table 1

CONVERTED USES
Use (Entitled in Block 600)
PM
Peak Hour Rate
PM
Peak Trips
Hotel 195 Rooms) — Unbuilt Entitlement

0.70 (ITE 310)'
136
Family Fitness 17,300* s — Existing

4.05 ITE 492 2
70 Palm Gardens 16,447* s — Existing

7.49 ITE 931 3
123
Eliminated Office (6,789* sf) — Existing

1.12 (ITE 710)4
8 Eliminated Office 1,500 s — Existing

1.12 ITE 710 4
2 TOTAL
339
Use (Proposed in Block 500
Office 205,161 s

1.12 ITE 710 4
230
City Hall 72,000 s

1.50 ITE 750 4
108
TOTAL
338
* Per building permit information.
' Hotel (rates applied for each occupied room)
2 Health Club (rates per TSF)
3 Quality Restaurant (rates per TSF)
4 Trip rate per TSF determined from applying the ITE office regression equation to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rate based on the square footage increment (206 TSF)
5 Closest ITE rate (in both function and magnitude) to match the GP assumption for City Hall trip generation.

Newport Center Trip Transfer 2 Austin -Foust Associates, Inc.

Traffic Study 017080rpt.doc

CONCLUSION
In summary, it is concluded that the currently entitled uses in Block 600 Newport Center (i.e., 195 hotel rooms and 42,036 sf of health club, retail, and office uses) proposed for transfer to Block 500 equate to 339 PM peak hour trips. These 339 trips would match the amount of PM peak hour trips projected to be generated by a new 72,000 sf City Hall plus another 205,161 sf of office use. Therefore, the proposed transfer of development rights will not result in any adverse traffic impacts.

Newport Center Trip Transfer 3 Austin -Foust Associates, Inc.

Traffic Study 017080rpt.doc

Planning Commission Resolution No. PC2023-043
Paae 26 of 42
EXHIBIT "C"
General Plan Amendment
14-78

C
"°'A \/
,
CO-G
so
o �
ti
6 wA
JeeOO,QrPLAZp'O >SO>
co- ,QS>
P
Gq�
lQ
1y�
U-H2
>9cb
4221
M -H2
4106
of NEWPORTPLACEDR
7MU-H2
1 MU-H2
100
GAT o

BOW SPRIT DR
s
ryAA O ryA^^ry ry
ry�^ry ry��
rory
9 ry ry e��sT
ryA1ry ELF �`� °2v
ry �P G � STO
` CG�. sT
10,
ry
2°� rypry
ry 2° ,p
20°9 ryp0�' 2491
2 S� 20 I ev
e 0 155 310
v ^� Pe 0pn
Feel
:=°a.:

PA2022-0296 General Plan Amendment NBGSNEWPOBT BEACH
1400 Bristol St N City of Newport Beach
GIS Division
November 22, 2023
'A2022-0296 GR Amendment—d

Table LL12
Anomaly
Locations
Anomaly
Statistical
Land Use
Development
Number
Area
Designation
Limit (sQ
Develo ment Limit Other
Additional Information
89 dwelling units were converted from
two existing office buildings totaling
16 L4
CO-G/MU-H2
344,231
64 Dwelling Units
38,764 square feet consistent with LU

6.15.5 and 64 units were added
through a GPA at 1400 Bristol Street
(PA2022-0296)
14-80

Planning Commission Resolution No. PC2023-043
Paae 27 of 42
EXHIBIT "D"
Planned Community Development Plan Amendment
14-81

00 00
a
o`411
a
B IV,
JQQO0,QrPLA2e'O 'SO>
_ P
I
's%
A
ti0
tiA� w
ti
roti
<Legend
Residential Overl;
Newport Place Planned Community
z S� 20 Qv
Feet
2 0
PA2022-0296
PC-1 1 Newport Place Amendment
T� 1400 Bristol St N
BOO

NEWPORT PLACE DR

BOW SPRIT DR
O�
0p
tiho �P� e'
NBGS

N E W P OR T BE A C H
City of Newport Beach
GIS Division
November 22, 2023
14-82

Planning Commission Resolution No. PC2023-043
Paae 28 of 42
EXHIBIT "E"
Development Agreement
14-83

Exhibit "E"

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663-3884
Attn: City Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Newport Beach and is exempt
from the payment of a recording fee pursuant to
Government Code §§ 6103 and 27383.

DEVELOPMENT AGREEMENT
between

CITY OF NEWPORT BEACH
and

THE PICERNE GROUP

CONCERNING
"THE RESDENCES AT 1400 BRISTOL STREET "
14-84

DEVELOPMENT AGREEMENT
(Pursuant to California Government Code Sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the _ day of , 2024 (the "Agreement Date"), and is being entered into by and between the City of Newport Beach ("City"), and The Picerne Group, a California limited company "Property Owner"). City and Property Owner are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "F211y."

RECITALS
A. Property Owner is the owner of that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as 1400 Bristol Street and more particularly described in the legal description attached as Exhibit "A" and depicted on the site map attached hereto as Exhibit `B" ("Property"). The Property consists of approximately

2.38 acres and is a part of the Newport Place Planned Community shown on the City's Zoning Map.

B. In order to encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction.

C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements" (the "Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance.

D. The Parties wish to enter into Agreement for the construction of a multi -unit residential project consisting of 229 apartment units (including affordable units) atop of 422-space parking structure.

E. As detailed in Section 3 of this Agreement, Property Owner has agreed to provide the following significant public benefits as consideration for this Agreement: INSERT PUBLIC BENEFITS.

F. This Agreement is consistent with the City of Newport Beach General Plan ("General Plan"), including without limitation the General Plan's designation of the Property as "MU-1-12" (Mixed Use Horizontal 2) which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses and the Newport Place Planned Community that was adopted in 1970 by Ordinance No. 1369, and amended from time to -1-
14-85

time, in order to establish appropriate zoning to regulate land use and development of property within the general boundaries of the Newport Place Planned Community.

G. In recognition of the significant public benefits that this Agreement provides, the City Council finds that this Agreement: (i) is consistent with the City of Newport Beach General Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City's police power; (iv) Project's Addendum to the Environmental Impact Report (SCH# 20060111119) ("PEIR") that was certified by the City Council on July 25, 2006 for the 2006 General Plan Update and the Initial Study/Negative Declaration prepared in accordance with CEQA for the Newport Beach Housing Element Update (General Plan Amendment No.

GP2008-003) adopted by the City Council on November 22, 2011 (the PEIR and Initial Study/Negative Declaration are collectively referred to herein as the "PEIR"), all of which analyze the environmental effects of the proposed development of the Project on the Property, and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is consistent and has been approved consistent with provisions of California Government Code Section 65867 and City of Newport Beach Municipal Code chapter 15.45.

H. On December 7, 2023, City's Planning Commission held a public hearing on this Agreement, and made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement.

I. On[INSERT DATE], the City Council held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Property Owner, and members of the public. On INSERT DATE, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its Ordinance No. 2024- (the "Adopting Ordinance"), finding this Agreement to be consistent with the City of Newport Beach General Plan and approving this Agreement.

AGREEMENT
NOW, THEREFORE, City and Property Owner agree as follows:

Definitions.

In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below:
"Action" shall have the meaning ascribed in Section 8.10 of this Agreement. "Adopting_ Ordinance" shall mean City Council Ordinance No. 2024- approving and adopting this Agreement.
"Agreement" shall mean this Development Agreement, as the same may be amended from time to time.
"Agreement Date" shall mean INSERT DATE which date is the date the City Council adopted the Adopting Ordinance.
2 14-86

"CEQA" shall mean the California Environmental Quality Act (California Public Resources Code Sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), as the same may be amended from time to time. "City" shall mean the City of Newport Beach, a California charter city. "City Council" shall mean the governing body of City.
"City's Affiliated Parties" shall have the meaning ascribed in Section 10.1 of this Agreement.
"Claim" shall have the meaning ascribed in Section 10.1 of this Agreement. "CPI Index" shall mean the Consumer Price Index published from time to time by the United States Department of Labor, Bureau of Labor Statistics for all urban consumers (all items) for the Los Angeles -Long Beach -Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982-84=100), or, if such index is discontinued, such other similar index as may be publicly available that is selected by City in its reasonable discretion. "Cure Period" shall have the meaning ascribed in Section 8.1 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 8.1 of this Agreement. "Develop" or "Development" shall mean to improve or the improvement of the Property for the purpose of completing the structures, improvements, and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of landscaping. The terms "Develop" and "Development," as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof.
"Development Agreement Ordinance" shall mean Chapter 15.45 of the City of Newport Beach Municipal Code.
"Development Agreement Statute" shall mean California Government Code Sections 65864-65869.5, inclusive.
"Development Exactions" shall mean any requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the Project on the environment or other public interests.
"Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and 14-87

permits include, without limitation, the following: (1) the Development rights as provided under this Agreement; (2) the amendment to the Newport Place Planned Community (PC-11) adopted pursuant to Ordinance No. 1369 and as amended by Ordinance No. 2024-; (3) General Plan Amendment adopted pursuant to Resolution No. 2024-; (4) Major Site Development Review adopted pursuant to Resolution No. 2024 (5) Affordable Housing Implementation Plan adopted pursuant to Resolution No. 2024-; and Traffic Study adopted pursuant to Resolution No. 2024-
"Development Regulations" shall mean the following regulations as they are in effect as of the Agreement Date and to the extent they govern or regulate the development of the Property, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the Agreement Date that impairs or restricts Property Owner's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Property Owner in writing: the General Plan, the Development Plan, and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted uses, density and intensity of use, design, improvement, and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions) and Title 20 of the Municipal Code (planning and zoning), but specifically excluding all other sections of the Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or entry upon public property; or (v) the exercise of the power of eminent domain. "Effective Date" shall mean the latest of the following dates, as applicable: (i) the date that is thirty (30) days after the Agreement Date; (ii) if a referendum concerning the Adopting Ordinance, the Development Plan, or any of the Development Regulations approved on or before the Agreement Date is timely qualified for the ballot and a referendum election is held concerning the Adopting Ordinance or any of such Development Regulations, the date on which the referendum is certified resulting in upholding and approving the Adopting Ordinance and the Development Regulations; or (iii) if a lawsuit is timely filed challenging the validity of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations approved on or before the Agreement Date, the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan and/or the applicable Development Regulations, which such finality is achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and 2 14-88

regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et SeMc ., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seq., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et sM., as amended; the Toxic Substances Control Act, 15 U.S.C.

Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et seq., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C.

Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seq. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006-76, as amended through the Agreement Date but excluding any amendment after the Agreement Date that impairs or restricts Property Owner's rights set forth in this Agreement, unless such amendment is expressly authorized by this Agreement, is authorized by Sections 8 or 9, or is specifically agreed to by Property Owner. The Land Use Plan of the Land Use Element of the General Plan was approved by City voters in a general election on November 7, 2006.
"Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law.
"Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee.
"Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement. "Pat " or "Parties" shall mean either City or Property Owner or both, as determined by the context.
"Project" shall mean all on -site and off -site improvements that Property Owner is authorized and/or may be required to construct with respect to each parcel of the Property, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law. "Property" is described in Exhibit "A" and generally depicted on Exhibit `B". 5 14-89

"Property Owner" shall mean The Picerne Group, a California limited liability company and any successor or assignee to all or any portion of the right, title, and interest in and to ownership of all or a portion of the Property.
"Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement. "Subsequent Development Approvals" shall mean all discretionary development and building approvals that Property Owner is permitted to obtain to Develop the Project on and with respect to the Property after the Agreement Date consistent with the Development Regulations. "Term" shall have the meaning ascribed in Section 2.4 of this Agreement. "Termination Date" and "Lot Termination Date" shall have the meaning ascribed in Section 2.4 of this Agreement.
"Transfer" shall have the meaning ascribed in Section 11 of this Agreement.

2. General Provisions.

2.1 Plan Consistencv. Zoning Implementation.

This Agreement and the Development Regulations applicable to the Property are consistent with the General Plan and the Newport Place Planned Community Development Plan (PC-11) as amended by the approvals in the Development Plan adopted concurrently herewith (including but not limited to the amendment to the General Plan and Newport Place Planned Community Development Plan (PC-47).

2.2 Binding Effect of Agreement.

The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement.

2.3 Property Owner Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement.

Property Owner and each person executing this Agreement on behalf of Property Owner hereby represents and warrants to City as follows: (i) Property Owner or any co-owner comprising Property Owner is a legal entity and that such entity is duly formed and existing and is authorized to do business in the State of California; (ii) if Property Owner or any co-owner comprising Property Owner is a natural person that such natural person has the legal right and capacity to execute this Agreement; (iii) that all actions required to be taken by all persons and entities comprising Property Owner to enter into this Agreement have been taken and that Property Owner has the legal authority to enter into this Agreement; (iv) Property Owner's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Property Owner or any person or entity comprising Property Owner has to any third party; (v) that neither Property Owner nor any co-owner comprising Property Owner is the subject of any voluntary or involuntary petition in bankruptcy; and (vi) Property Owner has the authority and ability to enter into or perform any of its obligations set forth in this Agreement.

Co
14-90

2.4 Term.

The term of this Agreement (the "Term" shall commence on the Effective Date and continue until
20, unless otherwise terminated or modified pursuant to its terms.

Notwithstanding any other provision set forth in this Agreement to the contrary, if any Party reasonably determines that the Effective Date will not occur because (i) the Adopting Ordinance or any of the Development Regulations approved on or before the Agreement Date for the Project has/have been disapproved by City's voters at a referendum election or (ii) a final non - appealable judgment is entered in a judicial action challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations for the Project approved on or before the Agreement Date such that this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in whole or in such a substantial part that the judgment substantially impairs such Parry's rights or substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a written notice of termination to the other Parry, in which event neither Party shall have any further rights or obligations hereunder except that Property Owner's indemnity obligations set forth in Article 10 shall remain in full force and effect and shall be enforceable, and the Development Regulations applicable to the Project and the Property only (but not those general Development Regulations applicable to other properties in the City) shall be repealed by the City after delivery of said notice of termination except for the Development Regulations that have been disapproved by City's voters at a referendum election and, therefore, never took effect.

The Termination Date shall be the earliest of the following dates: (i) the tenth (101h) anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in accordance with Articles 5, 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the terms of this Agreement, including Property Owner's complete satisfaction, performance, and payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers of dedication.

Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section 14.11 (as well as any other Property Owner obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement.

3. Public Benefits.

3.1 Public Benefit Fee.

As consideration for City's approval and performance of its obligations set forth in this Agreement, Property Owner shall pay to City a fee that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject to (herein, the "Public Benefit Fee") in the total sum of INSERT DOLLAR AMOUNT ($ ) which shall be due and payable prior to the issuance of the first building permit for the Project. 7 14-91

The City has not designated a specific projector purpose for the Public Benefit Fee. Owner acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee and that its obligation to pay the Public Benefit Fee is an essential term of this Agreement and is not severable from City's obligations and Owner's vested rights to be acquired hereunder, and that Owner expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Public Benefits identified in this Section 3.1 on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In addition to any other remedy set forth in this Agreement for Owner's default, if Owner shall fail to timely pay any portion of the Public Benefits identified in this Section 3.1 when due, City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Project.

3.2 Consumer Price Index (CPI) Increases. Any fee provided in this Section 3 (Public Benefit) shall be increased based upon percentage increases in the CPI Index as provided herein.

The first CPI adjustment shall occur on the first anniversary of the City Council's adoption of the Adopting Ordinance (the first "Adjustment Date") and subsequent CPI adjustments shall occur on each anniversary of the first Adjustment Date thereafter until expiration of the Term of this Agreement (each, an "Adjustment Date"). The amount of the CPI adjustment on the applicable Adjustment Date shall in each instance be calculated based on the then most recently available CPI Index figures such that, for example, if the Effective Date of this Agreement falls on July 1 and the most recently available CPI Index figure on the first Adjustment Date (January 1 of the following year) is the CPI Index for November of the preceding year, the percentage increase in the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI Index for November of the preceding year with the CPI Index for May of the preceding year (a 6- month period). In no event, however, shall application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable Adjustment Date.

3.2 Other Public Benefits. INSERT OTHER PUBLIC BENEFITS.

4. Development of Proiect.

4.1 Applicable Regulations; Property Owner's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals.

Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Property Owner shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, (ii) exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals applied for by Property Owner, or that are required, for Development of the Project as of the Agreement Date provided that all such actions are consistent with the Development Regulations, or (iv) any environmental approvals that may be required 14-92

under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Property Owner's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the Agreement Date.

Property Owner has expended and will continue to expend substantial amounts of time and money in the planning and entitlement process to permit Development of the Project in the future.

Property Owner represents and City acknowledges that Property Owner would not make these expenditures without this Agreement, and that Property Owner is and will be making these expenditures in reasonable reliance upon obtaining vested rights to Develop the Project as set forth in this Agreement.

Property Owner may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, provided that unless this Agreement also is amended, the request does not propose an increase in the maximum density, intensity, height, or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic. In addition, Property Owner may apply to City for approval of minor amendments to existing tentative tract maps, tentative parcel maps, or associated conditions of approval, consistent with City of Newport Beach Municipal Code Section 19.12.090. This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to approve the same with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement.

4.2 No Conflicting Enactments.

Except to the extent City reserves its discretion as expressly set forth in this Agreement, during the Term of this Agreement City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Agreement Date to the extent it conflicts with this Agreement. This Section 4.2 shall not restrict City's ability to enact an ordinance, policy, rule, regulation, or other measure applicable to the Project pursuant to California Government Code Section 65866 consistent with the procedures specified in Section 4.3 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city's growth control ordinance even though the city and construction company had entered into a consent judgment (tantamount to a contract under California law) establishing the company's vested rights to develop its property consistent with the zoning. The California Supreme Court reached this result because the consent judgment failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Property Owner shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that X
14-93

Property Owner deems appropriate within the exercise of Property Owner's sole subjective business judgment, provided that such Development occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Agreement Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Property Owner's vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement.

4.3 Reservations of Authority.

Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the Development of the Project on and with respect to the Property.

4.3.1 Procedural Regulations. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that such procedural regulations are adopted and applied City-wide or to all other properties similarly situated in City.

4.3.2 Processing and Permit Fees. City shall have the right to charge and Property Owner shall be required to pay all applicable processing and permit fees to cover the reasonable cost to City of processing and reviewing applications and plans for any required Subsequent Development Approvals, building permits, excavation and grading permits, encroachment permits, and the like, for performing necessary studies and reports in connection therewith, inspecting the work constructed or installed by or on behalf of Property Owner, and monitoring compliance with any requirements applicable to Development of the Project, all at the rates in effect at the time fees are due.

4.3.3 Consistent Future City Regulations. City ordinances, resolutions, regulations, and official policies governing Development which do not conflict with the Development Regulations, or with respect to such regulations that do conflict, where Property Owner has consented in writing to the regulations, shall apply to the Property.

4.3.4 Development Exactions Applicable to Property. During the Term of this Agreement, Property Owner shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Property Owner and the Project in the absence of this Agreement; provided, however, that to the extent the scope and extent of a particular Development Exaction (excluding any development impact fee) for the Project has been established and fixed by City in the conditions of approval for any of the Development Regulations approved on or before the Agreement Date, City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with such Development Regulations without Property Owner's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 4.3.5 hereinbelow). In addition, nothing in this Agreement is intended or shall be deemed to vest Property Owner against the obligation to pay any of the following (which are not included within the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement:
10 14-94

(i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, and the Property Development Tax payable under Chapter 3.12 of City's Municipal Code.

4.3.5 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Property Owner's vested rights set forth in this Agreement shall apply to the Property, together with any City ordinances, resolutions, regulations, and official policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Property Owner does not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or regulation that prevents or precludes compliance with any provision of this Agreement, City or Property Owner shall provide to the other Party a written notice identifying the federal, state, or City law or regulation, together with a copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter City and Property Owner shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City and Property Owner agree to preserve the terms of this Agreement and the rights of Property Owner as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Property Owner at no cost to City in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Property Owner. City also agrees to process in a prompt manner Property Owner's proposed changes to this Agreement, the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the discretion of City, consistent with this Agreement.

4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Property Owner's vested rights under this Agreement.

4.3.7 Uniform Building Standards. Existing and future building and building - related standards set forth in the uniform codes adopted and amended by City from time to time, including building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the Property to the same extent that the same would apply in the absence of this Agreement. 11 14-95

4.3.8 Public Works Improvements. To the extent Property Owner constructs or installs any public improvements, works, or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City's issuance of a permit, license, or other authorization for construction or installation of same shall apply.

4.3.9 No Guarantee or Reservation of Utility Capacity. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Property Owner or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence.

5. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code Section 65868 and Newport Beach Municipal Code Section

15.45.070 or by unilateral termination by City in the event of an uncured default of Property Owner.

6. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code Section 65869.5, this Agreement shall be enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property.

7. Annual Review of Property Owner's Compliance With Agreement.

7.1 General.

City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code Section 65865.1. Property Owner (including any successor to the Property Owner executing this Agreement on or before the Agreement Date) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City.

7.2 Property Owner Obligation to Demonstrate Good Faith Compliance.

During each annual review by City, Property Owner is required to demonstrate good faith compliance with the terms of the Agreement. Property Owner agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) days prior to each anniversary of the Effective Date during the Term.

7.3 Procedure. The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Property Owner has, for the period under review, complied with the terms of this Agreement. If the Zoning Administrator finds that 12 14-96

Property Owner has so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the basis of substantial evidence, that Property Owner has not so complied, written notice shall be sent to Property Owner by first class mail of the Zoning Administrator's finding of non-compliance, and Property Owner shall be given at least ten (10) calendar days to cure any noncompliance that relates to the payment of money and thirty (30) calendar days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) calendar days for reasons which are beyond the control of Property Owner, Property Owner must commence the cure within such thirty (30) calendar days and diligently pursue such cure to completion. If Property Owner fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in Article 8 below.

7.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Property Owner's Default.

The annual review procedures set forth in this Article 7 shall not be the exclusive means for City to identify a Default by Property Owner or limit City's rights or remedies for any such Default.

Events of Default.

8.1 General Provisions. In the event of any material default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) calendar days if the Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) calendar days in the event of non -monetary Defaults) in which the Default must be cured ("Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If a non -monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the foregoing, the City is not required to give Property Owner notice of default and may immediately pursue remedies for a Property Owner Default that result in an immediate threat to public health, safety or welfare.

8.2 Default by Property Owner.

If Property Owner is alleged to have committed a non -monetary Default and it disputes the claimed Default, it may make a written request for an appeal hearing before the City Council within ten (10) days of receiving the Notice of Default, and a public hearing shall be scheduled at the next available City Council meeting to consider Property Owner's appeal of the Notice of Default.

Failure to appeal a Notice of Default to the City Council within the ten (10) day period shall waive any right to a hearing on the claimed Default. If Property Owner's appeal of the Notice of Default is timely and in good faith but after a public hearing of Property Owner's appeal the City Council concludes that Property Owner is in Default as alleged in the Notice of Default, the accrual date 13 14-97

for commencement of the thirty (30) day Cure Period provided in Section 8.1 shall be extended until the City Council's denial of Property Owner's appeal is communicated to Property Owner in writing.

8.3 City's Option to Terminate Agreement.

In the event of an alleged Property Owner Default, City may not terminate this Agreement without first delivering a written Notice of Default and providing Property Owner with the opportunity to cure the Default within the Cure Period, as provided in Section 8.1, and complying with Section 8.2 if Property Owner timely appeals any Notice of Default. A termination of this Agreement by City shall be valid only if good cause exists and is supported by evidence presented to the City Council at or in connection with a duly noticed public hearing to establish the existence of a Default. The validity of any termination may be judicially challenged by Property Owner.

Any such judicial challenge must be brought within thirty (30) days of service on Property Owner, by first class mail, postage prepaid, of written notice of termination by City or a written notice of City's determination of an appeal of the Notice of Default as provided in Section 8.2.

8.4 Default by City.

If Property Owner alleges a City Default and alleges that the City has not cured the Default within the Cure Period, Property Owner may pursue any equitable remedy available to it under this Agreement, including, without limitation, an action for a writ of mandamus, injunctive relief, or specific performance of City's obligations set forth in this Agreement. Upon a City Default, any resulting delays in Property Owner's performance hereunder shall neither be a Property Owner Default nor constitute grounds for termination or cancellation of this Agreement by City and shall, at Property Owner's option (and provided Property Owner delivers written notice to City within thirty (30) days of the commencement of the alleged City Default), extend the Term for a period equal to the length of the delay.

8.5 Waiver.

Failure or delay by either Party in delivering a Notice of Default shall not waive that Party's right to deliver a future Notice of Default of the same or any other Default.

8.6 Specific Performance Remedy
Due to the size, nature, and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Agreement has begun. After such implementation, both Property Owner and City may be foreclosed from other choices they may have had to plan for the development of the Property, to utilize the Property or provide for other benefits and alternatives. Property Owner and City have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. It is not possible to determine the sum of money which would adequately compensate Property Owner or City for such efforts. For the above reasons, City and Property Owner agree that damages would not be an adequate remedy if either City or Property Owner fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is necessary to compensate Property Owner if City fails 14 14-98

to carry out its obligations under this Agreement or to compensate City if Property Owner falls to carry out its obligations under this Agreement.

8.7 Monetary Damages.

The Parties agree that monetary damages shall not be an available remedy for either Party for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit Fees due from Property Owner as set forth herein; and (ii) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict Property Owner's indemnity obligations set forth in Article 10 or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in Section 8.10. In no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. Owner expressly agrees that the City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives (collectively, for purposes of this Section 8.7, "City") shall not be liable for any monetary damage for a Default by the City or any claims against City arising out of this Agreement. Owner hereby expressly waives any such monetary damages against the City. The sole and exclusive judicial remedy for Owner in the event of a Default by the City shall be an action in mandamus, specific performance, or other injunctive or declaratory relief.

8.8 Additional City Remedy for Property Owner's Default.

In the event of any Default by Property Owner, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Property Owner's Default without recourse from Property Owner or its successors or assigns.

8.9 No Personal Liabili . of City Officials, Employees, or Agents.

No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement.

8.10 Recovery of Legal Expenses by Prevailing Party in Any Action.

In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall not recover any of its costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include, but are not limited to, court costs, expert witness fees, attorneys' fees, City staff costs (including overhead), and costs of investigation and preparation before initiation of the Action.

9. Force Majeure.

Neither Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. 15 14-99

Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In no event shall the occurrence of an event of force majeure operate to extend the Term of this Agreement. In addition, in no event shall the time for performance of a monetary obligation, including without limitation Property Owner's obligation to pay Public Benefit Fees, be extended pursuant to this Section.

10. Indemnity Obligations of Probertv Owner.

10.1 Indemnity Arising From Acts or Omissions of Property Owner.

Property Owner shall indemnify, defend, and hold harmless City and City's officials, employees, agents, attorneys, and contractors (collectively, the "City's Affiliated Parties") from and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (including but not limited to attorneys' fees and costs) (collectively, a "Claim") that may arise, directly or indirectly, from the acts, omissions, or operations of Property Owner or Property Owner's agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Property Owner relating to the Property or pursuant to this Agreement. City shall have the right, in its sole discretion, to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Property Owner shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 10.1 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date.

10.2 Third PartyLitigation.

In addition to its indemnity obligations set forth in Section 10.1, Property Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of this Agreement, the Adopting Ordinance, any of the Development Regulations for the Project (including without limitation any actions taken pursuant to CEQA with respect thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant to this Agreement. Said indemnity obligation shall include payment of attorney's fees, expert witness fees, City staff costs, and court costs. City shall promptly notify Property Owner of any such Claim and City shall cooperate with Property Owner in the defense of such Claim. If City fails to promptly notify Property Owner of such Claim, Property Owner shall not be responsible to indemnify, defend, and hold City harmless from such Claim until Property Owner is so notified and if City fails to cooperate in the defense of a Claim Property Owner shall not be responsible to defend, indemnify, and hold harmless City during the period that City so fails to cooperate or for any losses attributable thereto. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Property Owner's indemnity obligation, provided that such counsel shall reasonably cooperate with Property Owner in an effort to minimize the total litigation expenses incurred by Property Owner.

In the event either City or Property Owner recovers any attorney's fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Property Owner shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder).

The indemnity provisions in this Section 10.2 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 16 14-100

10.3 Environmental Indemnity.

In addition to its indemnity obligations set forth in Section 10.1, from and after the Agreement Date Property Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever, including without limitation attorney's fees, expert witness fees, and costs, based upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii) the storage, handling, transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area disturbed, graded, or developed by Property Owner in connection with Property Owner's Development of the Project.

The foregoing indemnity obligations shall not apply to any Hazardous Substance placed or stored on a separate legal lot within the Property after the Lot Termination Date for said lot, as provided in Section 2.4 of this Agreement. The indemnity provisions in this Section 10.3 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date.

11. Assignment.

Property Owner shall have the right to sell, transfer, or assign (hereinafter, collectively, a "Transfer") Property Owner's interest in or fee title to the Property, in whole or in part, to any person, partnership, joint venture, firm, or corporation (which successor, as of the effective date of the Transfer, shall become the "Property Owner" under this Agreement) at any time from the Agreement Date until the Termination Date; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and any such Transfer shall include the assignment and assumption of Property Owner's rights, duties, and obligations set forth in or arising under this Agreement as to the Property or the portion thereof so Transferred and shall be made in strict compliance with the following conditions precedent: (i) no transfer or assignment of any of Property Owner's rights or interest under this Agreement shall be made unless made together with the Transfer of all or a part of the Property; and (ii) prior to the effective date of any proposed Transfer, Property Owner (as transferor) shall notify City, in writing, of such proposed Transfer and deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Property Owner and in a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to which the transferring Property Owner assigns to the successor Property Owner and the successor Property Owner assumes from the transferring Property Owner all of the rights and obligations of the transferring Property Owner with respect to the Property or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed off of the portion of the Property so Transferred that are a condition precedent to the successor Property Owner's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement 17 14-101

that jeopardizes or impairs the rights or increases the obligations of the Owner with respect to the balance of the Property, without Owner's written consent.

Notwithstanding any Transfer, the transferring Property Owner shall continue to be jointly and severally liable to City, together with the successor Property Owner, to perform all of the transferred obligations set forth in or arising under this Agreement unless the transferring Property Owner is given a release in writing by City, which release shall be only with respect to the portion of the Property so Transferred in the event of a partial Transfer. City shall provide such a release upon the transferring Property Owner's full satisfaction of all of the following conditions: (i) the transferring Property Owner no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Property Owner is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the transferring Property Owner has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in the first paragraph of this Section 11; and (iv) the successor Property Owner either (A) provides City with substitute security equivalent to any security previously provided by the transferring Property Owner to City to secure performance of the successor Property Owner's obligations hereunder with respect to the Property or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Property Owner either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Property Owner has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project.

Any determination by the City in regards to the second paragraph of Section 11 subpart (iv) (A) and/or (B) shall be documented in writing.

12. Mortgagee Rights.

12.1 Encumbrances on Prone
The Parties agree that this Agreement shall not prevent or limit Property Owner in any manner from encumbering the Property, any part of the Property, or any improvements on the Property with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project.

12.2 Mortgagee Protection.

This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement.

12.3 Mortgagee Not Obligated.

IV
14-102

Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Property Owner or other affirmative covenants of Property Owner, or to guarantee this performance except that: (i) the Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Property Owner is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City's performance.

12.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.

Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of. (i) the results of the periodic review of compliance specified in Article 7 of this Agreement, and (ii) any default by Property Owner of its obligations set forth in this Agreement.

Each Mortgagee shall have a further right, but not an obligation, to cure the Default within ten (10) days after receiving a Notice of Default with respect to a monetary Default and within thirty (30) days after receiving a Notice of Default with respect to a non -monetary Default. If the Mortgagee can only remedy or cure a non -monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure the non -monetary Default within thirty (30) days after obtaining possession and, except in case of emergency or to protect the public health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the thirty (30)-day period. In the case of a non -monetary Default that cannot with diligence be remedied or cured within thirty (30) days, the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee promptly commences to cure the non - monetary Default within thirty (30) days and diligently prosecutes the cure to completion.

13. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

14. Miscellaneous Terms.

14.1 Reserved.

14.2 Notices.

Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows:

TO CITY: City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Manager
Z
14-103

With a copy to: City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Attn: City Attorney
TO PROPERTY OWNER: Ken Picerne
The Picerne Group
5000 Birch Street, Ste. 600
Newport Beach, CA 92660
Either Party may change the address stated in this Section 13.1 by delivering notice to the other Party in the manner provided in this Section 13.1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of. (i) the date received or (iii) three business days after deposit in the mail as provided above.

14.3 Project as a Private Undertaking.

Any future Development of the Project is a private undertaking. Neither Party will be acting as the agent of the other in any respect, and each Party will be an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the Development of private property by the owner or user of the Property.

14.4 Cooperation.

Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

14.5 Estoppel Certificates.

At any time, either Party may deliver written notice to the other Party requesting that that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect and is binding on the Party; (ii) this Agreement has not been amended or modified either orally or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is not the case, then the other Party shall describe the nature and amount of the actual or prospective Default.
911
14-104

The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty (30) days following receipt. Requests for the City to furnish an estoppel certificate shall include reimbursement for all administrative costs incurred by the City including reasonable attorney's fees incurred by the City in furnishing an estoppels certificate.

14.6 Rules of Construction.

The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive.

14.7 Time Is of the Essence.

Time is of the essence regarding each provision of this Agreement as to which time is an element.

14.8 Waiver.

The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future.

14.9 Counterparts.

This Agreement may be executed in two (2) or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one (1) and the same agreement.

14.10 Entire Agreement.

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement.

14.11 Severability.

The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that neither Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without limiting the generality of the foregoing, the Parties intend that Property Owner shall not receive any of the benefits of this Agreement if any of Property Owner's obligations are rendered void or unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Property Owner shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Property Owner's obligations under this Agreement. 21 14-105

The provisions of this Section 14.11 shall apply regardless of whether the Effective Date occurs and after the Termination Date.

14.12 Construction.

This Agreement has been drafted after negotiation and revision. Both City and Property Owner are sophisticated parties who were represented by independent counsel throughout the negotiations or City and Property Owner had the opportunity to be so represented and voluntarily chose to not be so represented. City and Property Owner each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning and applicable principle or presumptions of contract construction or interpretation, if any, shall be used to construe the whole or any part of this Agreement in favor of or against either Party.

14.13 Successors and Assigns; Constructive Notice and Acceptance.

The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and (iii) is binding upon each Party and each successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 14.13 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Section 11.

14.14 No Third Party Beneficiaries.

The only Parties to this Agreement are City and Property Owner. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity.

14.15 Applicable Law and Venue.

This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court.

14.16 Section Headings.
22 14-106

All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement.

14.17 Incorporation of Recitals and Exhibits.

All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and B are attached to this Agreement and incorporated by this reference as follows:

EXHIBIT

DESCRIPTION

DESIGNATION
A
Legal Description of Property
B
Depiction of the Property

14.18 Recordation.

The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not modify or amend the Effective Date or the Termination Date. 23 14-107

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

Aaron C. Harp, City Attorney

SIGNATURE PAGE TO

DEVELOPMENT AGREEMENT
"OWNER"
The Picerne Group, a California limited
liability company
By: _
Name:

Title:

By: _
Name:

Title:
"CITY"
CITY OF NEWPORT BEACH, a municipal
corporation and charter city
, Mayor
24 14-108

STATE OF CALIFORNIA

COUNTY OF ORANGE
On , before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known
to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

Witness my hand and official seal.

Notary Public in and for
said County and State

STATE OF CALIFORNIA

Witness my hand and official seal.

Notary Public in and for
said County and State
-25-
14-109

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS,

RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF

MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:

PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.

EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET

FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED,

HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER

UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF

EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND

OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY 1, 1977.
14-110

EXHIBIT B

DEPICTION OF PROPERTY
A10-00773 v4 01.06.11 FINAL
14-111

Planning Commission Resolution No. PC2023-043
Paae 29 of 42
EXHIBIT "F"
Affordable Housing Implementation Plan
14-112

1400 BRISTOL STREET NORTH

AFFORDABLE HOUSING IMPLEMENTATIONPLANAND DENSITY BONUS

APPLICATION
August 11, 2023
Prepared by
Springbrook , j,,j ijp
Realty Advisors, Inc.
14-113

1400 BRISTOL STREET NORTH

AFFORDABLE HOUSING IMPLEMENTATIONPLANAND DENSITYBONUS

APPLICATION
August 11, 2023
Project Description & Affordability Level
The Picerne Group ("Picerne") is proposing the 1400 Bristol Street North development ("Project") on a 2.38 acre site located in the Newport Place Planned Community ("Property").

The site is generally bounded by Bristol Street North on the South and Spruce Street on the East, with low rise office buildings and surface parking on the North and West sides. The Newport Beach General Plan designates the project site as General Commercial Office (CO-G) and the zoning is Planned Community ("PC") 11, ("PC-11"). A General Plan Amendment to redesignate the site as Mixed Use Horizontal 2 (MU-1-12) and a PC Amendment to include the property in the PC-11 Residential Overlay are being proposed as part of the overall project application. The site is currently developed as 1970's era two story office buildings with surface parking.

The Project is planned to consist of 229 units including 153 base units and 76 density bonus units.

The Newport Place Development Standards, as revised by Council Resolution No. 2023-13 on July 25, 2023 ("Development Standards"), provide that 15 percent of the base units within a residential development shall be affordable to Lower Income households. Lower Income Households, as defined in California Health and Safety Code Section 50079.5, are defined as households earning 80 percent or less of area median income, adjusted for family size, including both Very Low and Low income categories. The affordable housing requirement for this project, as required by the Development Standards, is 23 units (15% of 153 Base units).

Eligibility for Density Bonus
Picerne will be providing 23 units (15% of base units) affordable to Very Low Income households ("Very Low Income Units"). This will comply with the provisions of Government Code Section 65915 applicable to a 50% density bonus. Rents for the Very Low Income Units will be computed in accordance with Health and Safety Code Sec. 50053, as required by Government Code Section 65915(c)(1).
1 14-114

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Density Bonus Computation and Term of Affordability
The density bonus computation for the Project per Government Code Section 65915 is shown below:

Table 1
Density Bonus Computation
Units Based on Existing Nonresidential Uses
89 Additional Units Per Proposed General Plan
Amendment'
64 Total Base Units
153
Density Bonus (50%)
77 Total Units Permitted
230
Total Units Provided
229
Picerne intends to operate the apartment project as a rental community. The 23 Very Low Income Units will remain rent restricted for a minimum of 55 years, per Government Code Section 65915(c)(1), more than the 30-year affordability term set forth in the Development Standards.

Reduction in Parking
As provided for in Government Code Sec. 65915(p) and Section 20.32.030 of the City's Zoning Code the 1400 Bristol Street North project is eligible for a reduction in parking requirements.

Government Code Section 65915(p) provides the following:
(1) Upon the request of the developer, no city, county, or city and county shall require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subdivision (b), that exceeds the following ratios:
a. Zero to one bedroom: 1.0 onsite parking space per unit b. Two to three bedrooms: 1.5 onsite parking spaces per unit. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through streetparking. 1 Per Section 423 of the City Charter, with approval of the proposed General Plan Amendment, up to an additional 100 dwelling units are permitted in the Airport Area by without a vote of the electorate. 2 14-115

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Table 2 below is a summary of Government Code Sec. 65915 parking requirements vs. spaces to be provided:

Table 2
Parking Requirements
Unit Type
Number of
Units
Stalls/Unit
Per Gov.

Code 65915
Total Stalls
Per Gov.

Code 65915
Studio
40 1.0
40 1 Bedroom
126

1.0 126
2 Bedroom
63 1.5
95 Total Parking Stalls Required
261
Total Parking Stalls Provided
422
Parking Provided in Excess of Minimum
Requirement
161
Picerne requests that parking requirements be calculated in accordance with Government Code Sec. 65915(p). As shown above, the Project will provide 422 onsite parking spaces for its residential units, which is 161 spaces more than the requirements of Sec. 65915 (p).

Development Incentive Request
Pursuant to Government Code Section 65915(d)(1) and Section 20.32 of the City's Zoning Code, Picerne is entitled to three concessions or incentives due to providing at least fifteen percent (15%) of the units as affordable for Very Low Income households. Picerne requests the following development incentive:

Section V.F.1 of the Development Standards provides that "Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole." Picerne requests that the 23 Very Low Income units be provided utilizing the unit mixes as shown below:

Table 3
Unit Mix
Very Low
Unit Type
Total Units
Income Units
Studio
40 14
1 Bedroom
126
8 2 Bedroom
63 1
Total
229
23 3
14-116

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
This incentive will result in cost reductions which will provide for the affordable rents to be set in accordance with Government Code Sec. 65915(c). Pursuant to Government Code Sec. 65915(d)(1) "The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following:" (summarized from pertinent sections) (A) the concession or incentive does not result in identifiable and actual cost reductions, (B) would have an adverse impact on public health and safety or on a site listed as a historical site, or (C) is contrary to state or federal law. Government Code Sec. 65915(a)(2) further provides that a jurisdiction "shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section."
Picerne reserves the right to request up to an additional two incentives or concessions in the future.

Development Standards Waiver Request
Government Code Sec. 65915(e)(1) provides that a city or county may not apply any development standard (including height limits) that will have the effect of physically precluding the construction of a density bonus project at the density permitted under the density bonus statute.

The only exceptions to this prohibition are if the development standards waiver would have an impact on health and safety as delineated in Government Code Sec. 65589.5(d), impact on property listed in the California Register of Historical Resources, or if the development standards waiver would be contrary to state or federal law. For the proposed project, the applicant is requesting the following development standard waivers:

1. General Plan Park Dedication Requirement: Pursuant to General Plan Policy LU 16-15.13, a public park equal to 8 percent of the gross land area of the total development, or a minimum one -half -acre, whichever is greater, shall be provided. This requirement would mandate a one -half -acre park on the 2.38 acre site. The General Plan allows a waiver of its park dedication requirement where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents. The applicant therefore requests waiver of the General Plan Policy LU 16-15.13 public park dedication requirement.

2. PC-11 Development Standards Deviation (30-foot Street Setback): PC-11 development standards require street setbacks of 30 feet from the property line. A 30-foot setback would substantially reduce the Project's development footprint, making it infeasible and impossible to support the proposed 229 dwelling units. Applicant therefore requests a waiver of the PC-11 30-foot setbacks.

3. PC- 11 Development Standards Deviation (Building Height): PC-11: The Development Standards limit building heights to 55 feet. Given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the Property, imposition of 4 14-117

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
the 55 foot height limit would physically preclude the development of the proposed 229 dwelling units. The proposed building height is 85 feet.

4. Private Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 5% of the gross floor area of each unit to be set aside as private open space with a minimum dimension of 6 feet. The Project's studio dwelling units and 9 of the two -bedroom units (including 4 units which provide 2 sf less than the private open space requirement) are unable to achieve these minimum private open space standards given their size and location. Therefore, Applicant requests a waiver from this private open space requirement since adherence to this development standard would physically preclude the Project as proposed.

5. Newport Beach Municipal Code Common Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 75 square feet/unit (17,175 sf total) to be designated as common open space. The applicant requests a waiver to reduce the 75 square feet/unit (17,175 sf total) requirement to approximately 60 square feet/unit (13,800 sf total, or 3,375 sf less than the City requirement). This waiver is necessary in order to accommodate the project's proposed density given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the project site.

6. General Plan Land Use Policy 6.15.7: General Plan Land Use Policy 6.15.7 (Overall Density and Housing Type) and Section IV.A.4 of the PC -I I zoning standards prescribe a density range of 30-50 dwelling units per acre ("du/ac"). The Project proposes 153 "base" units on a 2.38 acre parcel, which equates to 64 du/ac. The Project's 153 base units are comprised of 89 units from the conversion of the office building to residential and 64 additional units allocated to the Airport Area (Statistical Area L4) under the General Plan.

The Project qualifies for a 50% density bonus (i.e., 77 units) in exchange for providing the necessary level of affordable housing. To the extent required, Applicant requests a waiver from the maximum base density standards under LU Policy 6.15.7 and Section IV.A.4 of the PC -I I in order to construct the Project at the density sought.

Additional detail as to these waiver requests has been submitted separately as part of the development application. Waiver of these requirements is necessary to accommodate the additional units permitted by the density bonus. Government Code Section 65915(e)(1) requires that the waiver requests be approved.

Income Limits and Examples of Eligible Tenants for Affordable Homes Lower Income Households are defined as households whose gross income does not exceed 80% of area median income, adjusted for household size. Lower Income Households include Very Low Income Households whose gross income does not exceed 50% of area median income, adjusted for household size. Table 4 on the following page shows the maximum income limits for Very Low Income Households as determined by the U.S. Department of Housing and Urban Development and the California Department of Housing and Community Development ("HCD") with household sizes appropriate for the 1400 Bristol Street North project:
5 14-118

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Table 4
Maximum Income Limits
Very Low Income
Households
Maximum Annual
Household Size
Income - 2023/2024
1 Person
$50,250
2 Person
57,400
3 Person
64,600
4 Person
71,750
5 Person
77,500
Higher income limits apply to larger families; those families however are not considered to be a target market for the Project, where the unit mix consists of studios, one -bedroom, and two - bedroom apartment homes. These income limits are updated annually.

The 23 affordable homes that Picerne will provide will be rented to eligible Very Low Income Households. As shown in Table 4, Very Low Income Households includes incomes ranging from $50,250 per year for a one -person household to $77,500 per year for a five -person household.

As such this could include City employees, school district employees, health care workers, restaurant and other retail workers, and other occupations which provide needed services to our community. While household size, overtime pay, summer jobs, or second jobs may affect eligibility, the income limits above are reflective of pay to many public or health care sector workers, as shown in Table 5 on the following page:
0 14-119

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Table 5
Examples of Qualifying Salaries
Information
Position
Pay Range
Source
Comments
Human Resources Specialist I
$64,356-$90,444
City
May qualify for Very Low units
depending on household size.

Park Patrol Officer
$45,420-$63,924
City
Will qualify for Very Low Income units
depending on household size.

Licensed Vocational Nurse (LVN)
$60,000-$87,000
Glassdoor
May qualify for Very Low units
depending on household size.

Newport -Mesa Unified School District
$64.354-$98,740
NMUSD
Credentialed teacher with no advanced
('NMUSD') Teacher
Website
education and up to 5 years experience
may qualify for Very Low Income
units depending on household size.

NMUSD Library Technician.
$46,020-$55,932
NMUSD
At entry level will qualify for Very
Website
Low Income units.

NMUSD MaintenanceWorker
$57,468-$85,116
NMUSD
May qualify for Very Low units
Website
depending on household size.

The pay ranges shown above are as of 2022 and are subject to update. Retired persons or couples or young business professionals starting their careers may also qualify to rent the affordable homes at 1400 Bristol Street North. In order to provide opportunities for workers to live in one of the affordable homes, the City could provide guidelines providing for acceptance of applications on a priority basis from classes of individuals who qualify under the income limits in effect. The guidelines could provide for priority treatment for City residents, City employees, employees of the local school district, and employees of major health care institutions or other categories identified by the City for priority treatment.

Rental Rate Limits for Affordable Homes
The 23 Very Low Income Units shall be rented at an affordable rent calculated in accordance with the provisions of Section 50053 of the Health and Safety Code. Section 50053 of the Health and Safety Code limits affordable rent to 30% of total income for a Very Low Income household, as calculated in Table 6 on the following page. That section also requires that the rent for a studio unit assumes a one -person household for rent calculation purposes, a one -bedroom unit assumes a two -person household, and a two -bedroom unit assumes a three -person household. The rents calculated are then adjusted by a utility allowance as determined annually by the County of Orange Housing & Community Services Department. As of October 1, 2022, the reduction for the utility allowance is $149.00 per month for a studio unit, $163.00 per month for a one -bedroom unit, and $215.00 per month for a two -bedroom unit. The utility allowance utilized assumes gas cooking, gas space heating, gas water heating, as well as electricity, air conditioning, and water, sewer, and trash fees which are assumed to be paid by the tenant.

The maximum rent levels for 2023/24 by income level are shown in Table 6 on the next page:
7 14-120

1400 Bristol Street North Affordable Housing Plan
August 11, 2023
Table 6
Maximum Rents by Bedroom Count
_l-Iaaimum
_l-Iaaimum
Annual
_-Monthly
Utility
Affordable
Bedrooms
Rent
Rent
Allowance
Rent
Very Low Income -
Studio
$13,418
$4118
S 1 ' S
$969
1 Bedroom
15,338
1278
16—
1,115
2 Bedroom
17,250
1,438
215
1,223
Picerne will enter into an affordable housing agreement, in recordable form, with the City prior to obtaining the first building permit for any residential unit. That agreement will ensure that the maximum rents for the affordable apartment homes will be calculated using the methodologies as utilized in Table 6. The rental rates shown will be updated prior to the commencement of rental activities and on an ongoing basis to reflect then current income limits, utility allowances, and any changes in applicable regulations and statutes.

Unit Mix, Design, and Location of Affordable Homes
While the exact location of each of the affordable homes within the 1400 Bristol Street North site has not yet been determined, the affordable homes will be spread throughout the development to avoid concentration of affordable homes in any area. The affordable homes shall be comparable in the quality of construction and exterior design to the market rate homes.

As provided for in the Development Standards, all affordable homes will have access to the facilities and amenities offered by the development.

Requested City of Newport Beach Assistance
Financial Assistance
Picerne is not requesting any direct financial assistance from the City of Newport Beach for this project.
'Rents for Very Low Income units calculated in accordance with Section 50053 of the Health and Safety Code. 0 14-121

Planning Commission Resolution No. PC2023-043
Paae 30 of 42
EXHIBIT "G"
Traffic Study
14-122

Traffic Engineering • Transportation Planning • Parking • Noise & Vibration Air Quality • Global Climate Change • Health Risk Assessment 14-123

prepared by
Bryan Crawford
Giancarlo Ganddini, PE, PTP
GANDDINI GROUP, INC.
555 Parkcenter Drive, Suite 225
Santa Ana, California 92705
(714) 795-3100 1 ganddini.com
1400 BRISTOL STREET

NORTH RESIDENCES

TRAFFIC I M PACT ANALYSIS
City of Newport Beach
June 28, 2023
Project No. 19604
14-124

TABLE OF CONTENTS
EXECUTIVE SUMMARY................................................................................................................................................ IV

1. INTRODUCTION....................................................................................................................................................1 Project Description
Study Area ..............

Analysis Scenarios.

2. METHODOLOGY...................................................................................................................................................5 Traffic Phasing Ordinance Analytical Methodology (Non-CEQA).................................................................. 5 Intersection Capacity Utilization Methodology....................................................................................... 5 PerformanceStandards............................................................................................................................... 5 Substantial Operational Deficiency Criteria............................................................................................. 6 Cumulative and General Plan Analytical Methodology(CEQA)...................................................................... 6 Thresholds of Significance for General Plan EIR Addendum................................................................ 6 Vehicle Miles Traveled Analytical Methodology (CEQA)................................................................................. 6

3. EXISTING CONDITIONS......................................................................................................................................7 ExistingRoadway System....................................................................................................................................... 7 PedestrianFacilities.................................................................................................................................................7 BicycleRoutes..........................................................................................................................................................7 TransitFacilities....................................................................................................................................................... 7 GeneralPlan Context..............................................................................................................................................7 ExistingTraffic Volumes......................................................................................................................................... 7 Existing Intersection Level of Service..................................................................................................................8

4. PROJECT FORECASTS.......................................................................................................................................17 ProjectTrip Generation........................................................................................................................................17 Project Trip Distribution and Assignment.........................................................................................................17

5. FUTURE VOLUME FORECASTS......................................................................................................................25 City of Newport Beach Approved Projects......................................................................................................25 AmbientGrowth....................................................................................................................................................25 TPO Year 2027 Volume Forecasts.....................................................................................................................25

6. TPO ANALYSIS.....................................................................................................................................................30 TPO Year 2027 One -Percent Threshold Analysis...........................................................................................30 TPOImpact Assessment......................................................................................................................................30

7. CEQA ANALYSIS..................................................................................................................................................33 CumulativeProjects..............................................................................................................................................33 CEQA Year 2027 Without Project Volume Forecasts....................................................................................33 CEQA Year 2027 With Project Volume Forecasts..........................................................................................33 CEQA Year 2027 Impact Assessment...............................................................................................................33

8. GENERAL PLAN COMPARISON ANALYSIS.................................................................................................44 General Plan Comparison Methodology...........................................................................................................44 General Plan Comparison Trip Generation and Trip Distribution.................................................................44 Post 2030 General Plan Buildout Without Project Volume Forecasts........................................................44 Post 2030 General Plan Buildout With Project Volume Forecasts..............................................................44 General Plan Comparison Impact Assessment.................................................................................................44 931dii 1400 Bristol Street North Residences
Traffic Impact Analysis
i 19604
14-125

9. CONGESTION MANAGEMENT PROGRAM....

Background................................................................

CMP-Monitored Intersections ...............................

Requirements for Improvements ...........................

Criteria for Preparation of CM Impact Analysis
52 52
52 52
52 10. SITE ACCESS AND CIRCULATION..................................................................................................................53 SiteAccess..............................................................................................................................................................53 On -Site Circulation................................................................................................................................................53

11. VEHICLE MILES TRAVELED (VMT).................................................................................................................54 Background .....................................

VMT Assessment and Screening
54 54

12. CONCLUSIONS....................................................................................................................................................55 ProjectTrip Generation........................................................................................................................................55 TPOImpact Analysis.............................................................................................................................................55 CEQA Year 2027 Impact Analysis......................................................................................................................55 CEQA General Plan Comparison Impact Analysis...........................................................................................55 VMTScreening......................................................................................................................................................55 Congestion Management Program.....................................................................................................................55 SiteAccess and Circulation..................................................................................................................................55

APPENDICES
Appendix A Glossary
Appendix B Volume Count Worksheets
Appendix C Level of Service Worksheets
Appendix D Approved Projects List and Cumulative Projects Appendix E TPO One -Percent Threshold Analysis
Appendix F Existing VMT Per Population Map

LIST OF TABLES
Table 1.

Existing (2022) Intersection Levels of Service........................................................................................ 9 Table2.

Project Trip Generation.............................................................................................................................18 Table 3.

TPO One -Percent Threshold Analysis Summary..................................................................................31 Table 4.

TPO Year 2027 Intersection Levels of Service and Impact Assessment..........................................32 Table 5.

Cumulative Projects Trip Generation......................................................................................................34 Table 6.

CEQA Year 2027 Intersection Levels of Service and Impact Assessment......................................36 Table 7.

General Plan Comparison Trip Generation............................................................................................46 Table 8.

General Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of Service and Impact Assessment...............................................................................................................47

LIST OF FIGURES
Figure1.

Project Location Map...................................................................................................................................3 Figure2.

Site Plan..........................................................................................................................................................4 Figure 3.

Existing Lane Geometry and Intersection Traffic Controls.................................................................10 Figure 4.

Existing Pedestrian Facilities.....................................................................................................................11 Figure 5.

Orange County Transportation Authority System Map......................................................................12 Figure 6.

City of Newport Beach General Plan Master Plan of Streets and Highways..................................13 93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
ii 19604
14-126

Figure 7.

City of Newport Beach General Plan Roadway Cross-Sections........................................................14 Figure 8.

Existing AM Peak Hour Intersection Turning Movement Volumes...................................................15 Figure 9.

Existing PM Peak Hour Intersection Turning Movement Volumes...................................................16 Figure 10.

Project Outbound Trip Distribution - Existing General Office Building...........................................19 Figure 11.

Project Inbound Trip Distribution - Existing General Office Building..............................................20 Figure 12.

Project Outbound Trip Distribution - Proposed Residential..............................................................21 Figure 13.

Project Inbound Trip Distribution - Proposed Residential.................................................................22 Figure 14.

Project (Net) AM Peak Hour Intersection Turning Movement Volumes..........................................23 Figure 15.

Project (Net) PM Peak Hour Intersection Turning Movement Volumes..........................................24 Figure 16.

TPO Year 2027 Without Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................26 Figure 17.

TPO Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................27 Figure 18.

TPO Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes ............28 Figure 19.

TPO Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes.............29 Figure 20.

Cumulative Projects Location Map.........................................................................................................37 Figure 21.

Cumulative Projects AM Peak Hour Intersection Turning Movement Volumes .............................38 Figure 22.

Cumulative Projects PM Peak Hour Intersection Turning Movement Volumes .............................39 Figure 23.

CEQA Year 2027 Without Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................40 Figure 24.

CEQA Year 2027 Without Project PM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................41 Figure 25.

CEQA Year 2027 With Project AM Peak Hour Intersection Turning Movement Volumes.......................................................................................................................................................42 Figure 26.

CEQA Year 2027 With Project PM Peak Hour Intersection Turning Movement Volumes .......... 43
Figure 27.

Post 2030 General Plan Buildout Without Project AM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................48 Figure 28.

Post 2030 General Plan Buildout Without Project PM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................49 Figure 29.

Post 2030 General Plan Buildout With Project AM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................50 Figure 30.

Post 2030 General Plan Buildout With Project PM Peak Hour Intersection Turning MovementVolumes...................................................................................................................................51 q3rdii
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-127

EXECUTIVE SUMMARY
The purpose of this study is to evaluate the potential for transportation impacts resulting from development of the proposed project both in the context of the City of Newport Beach's discretionary authority for conformance with locally established operational standards and the California Environmental Quality Act (CEQA). Although this is a technical report, effort has been made to write the report clearly and concisely. A glossary is provided in Appendix A to assist the reader with terms related to transportation engineering.

This study was prepared in consultation with City of Newport Beach staff and in accordance with the procedures and methodologies for assessing transportation impacts established by the City of Newport Beach.

To assess the project's conformance with local operational standards, this study evaluates the project's effect on traffic operations in accordance with the City's Traffic Phasing Ordinance (TPO) and, if necessary, identifies recommended improvements or corrective measures to alleviate operational deficiencies substantially caused or worsened by the proposed project. In addition to existing (2022) conditions, this report analyzes forecast traffic conditions for year 2027 (one year after project opening).

For CEQA purposes, this study also evaluates the significance of project -related transportation impacts using cumulative methodology as well as vehicle miles traveled (VMT) analysis relative to criteria established by the City of Newport Beach as the lead agency and, if necessary, identifies any feasible mitigation measures to mitigate any significant impacts. Additionally, analysis was also prepared for Year 2027 cumulative and Post 2030 General Plan Buildout conditions in support of the project's proposed addendum to the 2006 General Plan Environmental Impact Report (EIR).

Project Description
The 2.38-acre project site is addressed at 1400 and 1420 Bristol Street North, located at the northwest corner of Bristol Street North and Spruce Street, in the City of Newport Beach, California. The project site is currently developed with existing office buildings totaling 38,764 square feet.

The proposed project involves demolition of the existing office buildings and construction of a new six -story podium apartment building comprised of 230 residential dwelling units (207 market rate and 23 affordable units), podium level amenity space, a business center/leasing office, and 422 parking spaces in an on -grade parking garage with two subterranean levels. Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest.

The proposed project is anticipated to be fully operational by year 2026.

Existing Conditions
The study intersections currently operate at Levels of Service D or better during the peak hours for Existing (2022) conditions.

Project Trip Generation
The existing project site land use is estimated to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour.
93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
iv 19604
14-128

TPO Impact Analysis
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required.

CEQA Impact Analysis
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required.

CEQA General Plan Comparison Impact Analysis
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for Post 2030 General Plan Buildout With Project conditions and no new mitigation measures are required.

VMT Screening
The proposed project is located in a City defined low-VMT area for residential use (lower than 85 percent of Countywide average VMT per capita). Per the City VMT guidelines and screening criteria, the project is considered to have a less than significant impact on VMT.

Congestion Management Program (CMP)
Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis.

Site Access and Circulation
Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn in/out only access.

The project driveway at Spruce Street will continue to provide full access. Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation. The final parking and circulation will be reviewed and approved by the City of Newport Beach.
93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
v 19604
14-129

1. INTRODUCTION
This section describes the project location, project description, study area, and analysis scenarios.

PROJECT DESCRIPTION
The 2.38-acre project site is addressed at 1400 and 1420 Bristol Street North, located at the northwest corner of Bristol Street North and Spruce Street, in the City of Newport Beach, California. The project site is currently developed with existing office buildings totaling 38,764 square feet. Figure 1 shows the project location map.

The proposed project is anticipated to be fully operational by year 2026. Figure 2 illustrates the project site plan.

STUDY AREA
Based on scoping discussions with City of Newport Beach staff, the study area consists of the following study intersections within the City of Newport Beach, three of which share jurisdiction with the City of Irvine:

Study Intersections'
Jurisdiction

1. Campus Drive (NS) at Bristol Street North (EW)
Newport Beach

2. Irvine Avenue/Campus Drive (NS) at Bristol Street South (EW) Newport Beach

3. Birch Street (NS) at Bristol Street North (EW)
Newport Beach

4. Birch Street (NS) at Bristol Street South (EW)
Newport Beach

5. MacArthur Boulevard (NS) at Campus Drive (EW)
Newport Beach/Irvine

6. MacArthur Boulevard (NS) at Birch Street (EW)
Newport Beach

7. MacArthur Boulevard (NS) at Newport Place Dr/Von Karman Avenue (EW) Newport Beach

8. MacArthur Boulevard (NS) at Jamboree Road (EW)
Newport Beach/Irvine

9. MacArthur Boulevard (NS) at Bison Avenue (EW)
Newport Beach

10. Jamboree Road (NS) at Campus Drive (EW)
Newport Beach/Irvine

11. Jamboree Road (NS) at Bristol Street North (EW)
Newport Beach

12. Jamboree Road (NS) at Bristol Street South (EW)
Newport Beach

13. Jamboree Road (NS) at Eastbluff Drive/University Drive (EW) Newport Beach

ANALYSIS SCENARIOS
In accordance with the City of Newport Beach Traffic Phasing Ordinance (TPO), this traffic report evaluates the following analysis scenarios based on one year after the anticipated project opening year:
a) Existing (2022) Conditions;
b) TPO Year 2027 Without Project; and
c) TPO Year 2027 With Project
1 (NIS) = North -South roadway; (EW) = East-West roadway 931dii
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-130

Additionally, this study also evaluates the following analysis scenarios in support of the project's proposed cumulative CEQA analysis:
d) CEQA Year 2027 Without Project;
e) CEQA Year 2027 With Project;
Lastly, this study evaluates the following analysis scenarios in support of the project's proposed addendum to the 2006 General Plan Environmental Impact Report (EIR):
f) General Plan Comparison: Post 2030 General Plan Buildout Without Project; and g) General Plan Comparison: Post 2030 General Plan Buildout With Project. 931dii
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-131

Lech
0 Study Intersection
g3ldil
Figure 1
Project Location Map
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-132

0 PG
I
`
STAIR 7

ROOF ACCESS
I
STAIR
1 F

MECHANICAL

F DOC, PARK

SPEED RAMP DN TO BI
ti
FAFE A'fVrGl�l
AN "HAYCE
TRASH
E'ee. UTILITY
I 3 CAR GucuING
RESIDENT d GUIST f I
Roar
LJ
794 5E

WAGE ENTRY
4 I
I
x1PDE
,v-r � za-0•
PUMP
j
26"61DE
HIM SFfEO

ACCESSIBLE EV
`

AESIDENI
k— HIGH SPEED ROLL -UP GATE
Y E

RESIDENT PARKING
§

ROLL -LIP GATE
STALL

HIGH SPEED ROLL-
UP EiATE
OW43E
ENTRY
UNTROLLM ACCESS ONLVi
car
�'

TURNAROUNDSPACE

OPENDURING
.�

BUSINESS HOURS
IV
III
r..

POOL E9UIP.
a�
'
I
'TURIVIOUNOSPAa
_ABOVE
PG0. ABOVE
-
FENCE
j'-10�1p'.y"•
FENCE
TRASH
_
7505E

2.3385F
L
Lavv
au+cnrNa sEraac
j

GUEST PARKING
Sue•F
k

TURNARWND SPACE
ELEC.
a
DEN.
6' F.`
• i
HIE n
WIN LOBCrr
CNR
WLL
S]
,.tW SF
—
--
— —
—
J
I
G4ERHANG AH04E

VENTILATION SUPPLY GRAFT
VENTILATION $VMY SHAFT
STAIR?
A00F ACCESS

BRISTOL STREET N
0 S,
9IfNL SET94CX
H
W
W
Of
I—
U7
Ul
L)
a
CA

BOO JN ABOVE

TYPICAL
Figure 2
Site Plan
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-133

2. METHODOLOGY
This section discusses the analysis methodologies used to assess transportation facility performance as adopted by the respective jurisdictional agencies.

TRAFFIC PHASING ORDINANCE ANALYTICAL METHODOLOGY (NON-CEQA) To establish consistency with the City of Newport Beach General Plan and other City requirements, all proposed land use projects generating 300 or more daily trips are required to prepare a Level of Service analysis for transportation impacts consistent with Chapter 15.40 (Traffic Phasing Ordinance) of the City of Newport Beach Municipal Code. The TPO requires assessment of development project impacts on the City's arterial circulation system based on the Intersection Capacity Utilization (ICU) methodology. While operational ICU analysis is required for conformance with the City's TPO requirements, it is noted that a project's effect on automobile delay (as measured by Level of Service) shall not constitute a significant environmental impact in accordance with current CEQA provisions.

Intersection Capacity Utilization Methodology
In accordance with City of Newport Beach requirements, level of service analysis of signalized intersections is based on the ICU methodology. The ICU methodology compares the volume of traffic using the intersection to the capacity of the intersection. The resulting volume -to -capacity (V/C) ratio represents that portion of the hour required to provide sufficient capacity to accommodate all intersection traffic if all approaches operate at capacity. The volume -to -capacity ratio is then correlated to a performance measure known as level of service based on the following thresholds:

Level of Service
Volume/Capacity Ratio
A
s 0.60
B
> 0.60 to 0.70to 0.80to 0.90 to 1.00
Source: Transportation Research Board, Interim Materials on Highway Capacity, Transportation Research Circular No. 212, January 1980.

Level of service is used to qualitatively describe the performance of a roadway facility, ranging from Level of service A (free -flow conditions) to Level of Service F (extreme congestion and system failure).

The ICU and Level of Service calculations for this study were performed using the Traffix software. In accordance with City of Newport Beach TPO requirements, the ICU calculations assume a lane capacity of 1,600 vehicles per hour per lane and no factor for yellow time. The project -related increase in ICU is rounded to three decimal places and then rounded to two decimal places.

Performance Standards
The City of Newport Beach has established Level of Service D as the minimum acceptable Level of Service for its arterial roadway system, except at the following locations where Level of Service E or better is acceptable:
1400 Bristol Street North Residences
Traffic Impact Analysis
5 19604
14-134

■ Any intersection in the Airport Area shared with City of Irvine; ■ Dover Drive at Coast Highway;
■ Marguerite Avenue at Coast Highway; and
■ Goldenrod Avenue at Coast Highway.

Substantial Operational Deficiency Criteria
In accordance with the City's TPO, the following criteria are used to determine if a proposed project will result in a substantial Level of Service impact and is required to provide improvements/corrective measures:
■ A substantial project impact is defined to occur if the addition of project -generated trips is forecast to cause/worsen a deficient intersection operation (generally Level of Service E or F) and increase the intersection capacity utilization by one percent or more of capacity (i.e., V/C increases by 0.010 or more).

If a project is forecast to cause or worsen a substantial Level of Service impact, the project must construct or provide funding for improvements, to the extent feasible, such that the project -related increase in capacity utilization does not exceed the City -established criteria.

CUMULATIVE AND GENERAL PLAN ANALYTICAL METHODOLOGY (CEQA) Although Level of Service impacts no longer constitute a significant environmental impact based on current CEQA provisions, a Level of Service analysis and significant impact evaluation were also prepared for Year 2027 cumulative and Post 2030 General Plan Buildout conditions, which did include evaluation of Level of Service impacts based on relevant thresholds of significance at the time of preparation. The purpose of the General Plan Comparison analysis is to document whether any new traffic -related impacts would occur compared to the 2006 General Plan EIR based on the proposed project.

Thresholds of Significance for General Plan EIR Addendum Year 2027 cumulative and Post 2030 General Plan Buildout conditions are analyzed based on the same ICU methodology used for the TPO analysis. Based on the 2006 General Plan EIR, the following criteria are used to determine if the proposed project would result in a significant Level of Service impact requiring new mitigation measures.
■ A significant transportation impact is defined to occur if the addition of project -generated trips is forecast to cause/worsen a deficient intersection operation (generally Level of Service E or F) and increase the intersection capacity utilization by one percent or more of capacity (i.e., V/C increases by 0.010 or more).

VEHICLE MILES TRAVELED ANALYTICAL METHODOLOGY (CEQA)
The metric used to evaluate the transportation impact of land use and transportation projects under CEQA is known as vehicle miles traveled (VMT). In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region. Additional information and a detailed project assessment is provided in the Vehicle Miles Traveled section presented later in this report. 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-135

3. EXISTING CONDITIONS
This section describes the existing transportation setting in the project vicinity.

EXISTING ROADWAY SYSTEM
Figure 3 identifies the lane geometry and intersection traffic controls for existing conditions based on a field survey of the study area. Regional access to the project area is provided by the San Joaquin Hills Corridor (State Route 73) freeway south of the project site running between Bristol Street North and Bristol Street South. The key north -south roadways providing local circulation are Irvine Avenue, Campus Drive, Birch Street, MacArthur Boulevard, and Jamboree Road. The key east -west roadways providing local circulation are Bristol Street North, Bristol Street South, Newport Place Drive, Von Karman Avenue, Bison Avenue, Eastbluff Drive, and University Avenue.

PEDESTRIAN FACILITIES
Existing pedestrian facilities in the project vicinity are shown on Figure 4.

BICYCLE ROUTES
On -street bicycle facilities are provided in the project area along Bristol Street North. Bristol Street North adjacent to the project site has Class II Bike Lane (On -Road Striped) and also is classified as a Class I (Off -Road Paved) Bikeway (sidewalk riding is permitted). Roadways that provide on -street bicycle facilities near the project site include Bristol Street South, Birch Street, and intermittent areas of Jamboree Road and Campus Road.

TRANSIT FACILITIES
Figure 5 shows the existing transit routes available in the project vicinity. As shown on Figure 5, Orange County Transportation Authority Route 57 services Bristol Street North adjacent to the project site. A bus stop is located along Bristol Street North adjacent to the project site at the northwest corner of the Spruce Street and Bristol Street North intersection.

GENERAL PLAN CONTEXT
Figure 6 shows the City of Newport Beach General Plan Master Plan of Streets and Highways roadway classifications map. This figure shows the nature and extent of arterial and collector highways that are needed to adequately serve the ultimate development depicted by the Land Use Element of the General Plan. The City of Newport Beach General Plan roadway cross -sections are depicted on Figure 7.

EXISTING TRAFFIC VOLUMES
Existing peak hour intersection volumes were developed from intersection turning movement counts collected in March/April 2022 during typical weekday AM and PM peak periods of commuter traffic. The AM peak period was counted between 7:00 AM and 9:00 AM and the PM peak period was counted between 4:30 PM and 6:30 PM. The actual peak hour within the peak period is the four consecutive 15-minute periods with the highest total volume of all approaches. Thus, the PM peak hour at one intersection may occur at 4:45 PM to 5:45 PM if those four consecutive 15-minute periods have the highest combined volume. Count worksheets are provided in Appendix B.

Based on the project's application date, existing volume and Level of Service conditions were established for year 2022.
931dipi 1400 Bristol Street North Residences
Traffic Impact Analysis
7 19604
14-136

Figure 8 and Figure 9 show the Existing AM peak hour and PM peak hour intersection turning movement volumes.

EXISTING INTERSECTION LEVEL OF SERVICE
Existing intersection Levels of Service are summarized in Table 1. Detailed Level of Service worksheets are provided in Appendix C.

As shown in Table 1, the study intersections currently operate at Levels of Service D or better during the peak hours for Existing (2022) conditions.
931dii
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-137

Table 1
Existing (2022) Intersection Levels of Service
ID Study Intersection
Traffic
Control'
AM Peak Hour
PM Peak Hour
V/CZ
LOSS
V/CZ
LOSS

1. Campus Dr (NS) at Bristol St North (EW)
TS

0.36 A

0.61 B

2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
TS

0.49 A

0.44 A

3. Birch St (NS) at Bristol St North (EW)
TS

0.47 A

0.51 A

4. Birch St (NS) at Bristol St South (EW)
TS

0.34 A

0.35 A

5. MacArthur Blvd (NS) at Campus Dr (EW)4
TS

0.33 A

0.53 A

6. MacArthur Blvd (NS) at Birch St (EW)
TS

0.28 A

0.37 A

7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) TS

0.31 A

0.35 A

8. MacArthur Blvd (NS) at Jamboree Rd (EW)4
TS

0.37 A

0.45 A

9. MacArthur Blvd (NS) at Bison Ave (EW)
TS

0.38 A

0.41 A

10. Jamboree Rd (NS) at Campus Dr (EW)4
TS

0.48 A

0.49 A

11. Jamboree Rd (NS) at Bristol St North (EW)
TS

0.34 A

0.35 A

12. Jamboree Rd (NS) at Bristol St South (EW)
TS

0.58 A

0.60 A

13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS

0.54 A

0.57 A
Notes:
(1) TS = Traffic Signal
(2) V/C = Volume/Capacity
(3) LOS = Level of Service
(4) Level of Service E is acceptable; shared jurisdiction with City of Irvine. gildi,101,
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-138

IRVINE qVE 6D
4D
M\R
Campus Dr (NS)/ Campus Dr (NS)/
Bristol St N (EW) Bristol St S (EW)
A -I- 0
�� itt �► 1111�
Birch St (NS)/
Bristol St N (EW)
o�
J
�� 11 y10
Birch St (NS)/
Bristol St S (EW)
11 ��
e_j
Legend
9 Traffic Signal
#D #-Lane Divided Roadway
#U #-Lane Undivided Roadway
#-4— #-Lanes (One -Way)
Existing Lane
OQ/
Site
4D
8D
Q?P
6D
4D
JO
8D
4D
3 4D
4D 7D
n
4D
10 6D c
4D
A
W
7D
4D
4D
v
MacArthur Blvd (NS)/
O Campus Dr (EW)
MacArthur Blvd (NS)/
Birch St (EW)
5� 4D
��Q- A �F
pQ"
7D
'�1111L
�111L ��
6D
�fit1�
��►��111r�
3 �
��
Ti•
sT
MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Von Karman Ave (EW)
Jamboree Rd (EW)
7D
6D
8D
_

UNIVERSITY DR
MacArthur Blvd (NS)/
■ Bison Ave (EW)
H "—RTo
6D
4D
4U
6D
AD/so AVE
6D
LL
F�
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Campus Dr (EW) Bristol St N (EW)
A � A
F� FREE
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
7D m\ A SFr
6D 1111�d�► �111r
8D
RTO Right Turn Overlap
F Free Right Turn Lane
SPLIT Split Signal Phasing Figure 3
d De Facto Turn Lane Existing Lane Geometry and Intersection Traffic Controls 1400 Bristol Street North Residences
Traffic Impact Analysis
10 19604
14-139

z� �. yY1•��'•y'
Y
Legend
Sidewalk
Cross Walk
Q Bus Stop
•r ,
ry _ • i
we
Figure 4
Existing Pedestrian Facilities
g�1��11 1400 Bristol Street North Residences
Traffic Impact Analysis
11 19604
14-140

—p— Local Routes (1.99)
—�— Community Routes(100-199)

GOLDENWEST

TRANSPORTATION

CENT ER
SLATER
1 r
C
••••®•••• Met raiink 5ta tlonllnk Routes -Mo— Bravo Lim Ited Stop Service 1400-499) (500-599)
W.kd" Ru,h Hound n V
—CM— My Shuttle
8448o4
0 Rail Stations
ODC Bus Transit Centers
m l■ •1 •1

SANTA ANA SITAATION

NEWPORT
`RA PORTATION
4tg. ¢J4.

Figure 5
Source: Orange County Transportation Authority
Orange County Transportation Authority System Map
93-ldii 1400 Bristol Street North Residences
Traffic Impact Analysis
12 19604
14-141

111m azi

NEWPORT
BAY
WRTH
rAR
BEACH
�I
N f��/!/ IIIIIIII��IIIIII� ��.

Source: City of Newport Beach
g7dii
SAN O�IEGO

ADOPTED INTERCHANGE

Q PROPOSED INTERCHANGE
sq'IK ROUTES REQUIRING

FURTHER COORDINATION

0.75 Miles

COMMUTER ROADWAY
(TWO LANE UNDIVIDED)

3.24 Miles

SECONDARY ROAD
(FOUR LANE UNDIVIDED)

16.88 Miles

SECONDARY
(NOT BUILT)

0.28 Miles

PRIMARY ROAD
(FOUR LANE DIVIDED)

29.62 Miles

PRIMARY ROAD
•-••••• (NOT BUILT)

3.05 Miles

MAJOR ROAD
(SIX LANE DIVIDED)
C 30.64 Miles

EIGHT LANE ROAD

FASHION
— (DIVIDED)
ISLAND

2.81 Miles

SAN JOAQUIN HILLS
o TRANSPORTATION CORRIDOR

5.32 Miles
sip ADOPTED FREEWAY
YON
C= ^ ROUTES

4.48 Miles

FUTURE FREEWAY

EXTENSION

0.75 Miles
Figure 6
City of Newport Beach General Plan
Master Plan of Streets and Highways
1400 Bristol Street North Residences
Traffic Impact Analysis
13 19604
14-142

PRINCIPAL -144'
(8 LANES DIVIDED)
MAJOR - 128'
(6 LANES DIVIDED)
1 � "- _- `• -;� Tin ', l
PRIMARY -104'
(4 LANES DIVIDED)
SECONDARY - 84'
(4 LANES UNDIVIDED)
i
COMMUTER - 56'
(2 LANES UNDIVIDED)
Figure 7
Source: City of Newport Beach
City of Newport Beach General Plan Roadway Cross -Sections g3ldii 1400 Bristol Street North Residences
Traffic Impact Analysis
14 19604
14-143

IRVINE AVE
M�R
Campus Dr (NS)/
Campus Dr (NS)/
Bristol St N (EW)
Bristol St S (EW)
Nv
�167
NN
—858
LOrl-
vo
l
�r 252
1 682:�
T l'
°ram
1292
00 rnrn
v rn
453 �7
cfl
Q;
<
C-
v�`
a
c
W
L
v
/
( MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Campus Dr (EW)
Birch St (EW)
ors �60
LOo *-34
G�
Site J
�Q,�
O
N�°r �170
Ncoo� —113
,r 21
� 1 L ,r 16
/'59\254�
��&I
\\e
Tv)
437vCN
37 �,co
1394C%-
39 � co
MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Von Karman
Ave (EW)
Jamboree Rd (EW)
`-30
rnN
`-152
0LO coo
�v T
—59
o
�cmrn
—747
1 L
,--147
1 ,r333
18 260--4
` T '
38 597—rnv00
20 138�
LON

UNIVERSITY DR
MacArthur Blvd (NS)/
Bison Ave (EW)
oo `�40
cM7 —92
A 1 1* r-165
78,r
79�
66 Birch St (NS)/ Jamboree Rd (NS)/ T Jamboree Rd (NS)/ Bristol St N (EW) Campus Dr (EW) Br stol St N (EW)
orn 149 c`Ooo '-87 t-N
—1161 ��c� —194 cM+nr
1 or 360 1 �r 184 A 1
T�mv 58--4
nc��l y 133— rnov rNnNrn
co �Q 31-14 00 o;:in
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) Bristol St S (EW) University or (EW)
vN m N CDMr` `-142
1 ejS-99
0 AVE \ Or-220
496 ' T l' 875,' T l' 361,4 -1 T -
©905� � 0 380— `,N 90� LO
194� NN 1209�, 32�, �'��
Legend
QStudy Intersection
Figure 8
Existing AM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences
Traffic Impact Analysis
15 19604
14-144

IRVINE AVE
M�R
Q;
<
C-
v�`
a
c
W
L
v
/
MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Campus Dr (EW)
Birch St (EW)
� OD"-137
LO
M rn `� 149
G�
Site J
��
O
CO LO (00 —625
L ch —263
,r35
A) 1 L ,r62
262 - 1 r'
252 �' 1
n
221: ornrn
186 �mN
Campus Dr (NS)/
Campus Dr (NS)/
Bristol St N (EW)
Bristol St S (EW)
Mln
107
VM
oo �
—1697
( �
l
,r 278
1 435:�
T l'
NG)
822
rn04
u7 LO
Birch St (NS)/
485 --, Co N
Bristol St N (EW)
corn �110
LO N
—1537
4�7
1 �r 370
J�
� 1
�mv
�N
�Q
Birch St (NS)/
Bristol St S (EW)
M oc)
V
1 �
202
903�
111�
NN
©
Legend
QStudy Intersection
C sT MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Von Karman Ave (EW)
Jamboree Rd (EW)
m 'k-81
Cl) NN "-88
mrnm —36
rMir'--O —828
1 L , -409
1 or357
64�' � 1 '
179-4
87� aONo
752— ocoo
127
55--,A NCOM

UNIVERSITY DR
MacArthur Blvd (NS)/
Bison Ave (EW)
NN `-67
c°;� 'LOO —104
A� 1 1* r-135
165,r
102�
129� �rn
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Campus Dr (EW) Bristol St N (EW)
Lo *-251 N
�00C 274 LO1-
1 L r118 1
158--4
255— M04 °r'Nw
82 - in o 00
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
mCO v LN__� �`122
106
ejSOA/ AVE \ 1 1 �. 228
513,4 T l' 271,4 T l'
686 — C° N 100 — CO CO N
1086�, N� 12-4 ��coNIX
Figure 9
Existing PM Peak Hour Intersection Turning Movement Volumes 1400 Bristol Street North Residences
Traffic Impact Analysis
16 19604
14-145

4. PROJECT FORECASTS
This section describes how project trip generation, trip distribution, and trip assignment forecasts were developed. The forecast project volumes are illustrated on figures contained in this section.

PROJECT TRIP GENERATION
Table 2 shows the project trip generation based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Monuol (11th Edition, 2021). Based on review of the ITE land use description, trip generation rates for general office building (Land Use Code 710) and multifamily housing (mid -rise) not close to transit (Land Use Code 221) were determined to adequately represent the existing and proposed land uses and were selected for use in this analysis. The project trip generation forecast is determined by multiplying the trip generation rates by the land use quantities.

As shown in Table 2, the existing project site land use is estimated to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour.

PROJECT TRIP DISTRIBUTION AND ASSIGNMENT
Figure 10 thru Figure 13 show the forecast directional distribution patterns for the project generated trips.

The project trip distribution patterns were developed in consultation with City of Newport Beach staff based on review of existing volume data, surrounding land uses, and the local and regional roadway facilities in the project vicinity.

The project -generated AM and PM peak hour intersection turning movement volumes are shown on Figure 14 and Figure 15.
93rldii 1400 Bristol Street North Residences
Traffic Impact Analysis
17 19604
14-146

Table 2
Project Trip Generation
Trip Generation Rates
Land Use
Source'
Unite
AM Peak Hour
PM Peak Hour
Daily
% In
% Out
Rate
% In
% Out
Rate
General Office Building
ITE 710
TSF
88%
12%

1.52 17%
83%

1.44 10.84
Multifamily Housing (Mid -Rise)
ITE 221
DU
23%
77%

0.37 61%
39%

0.39 4.54
Trips Generated
Land Use
Quantity
Unite
AM Peak Hour
PM Peak Hour
Daily
In
Out
Total
In
Out
Total
Existing
General Office Building

38.764
TSF
52 7
59 9
47 56
420
Proposed
Multifamily Housing (Mid -Rise)
230
DU
21 64
85 55
35 90
1,044

NET PROJECT TRIPS GENERATED
1 1 -31
1 +57
1 +26
1 +46
1 -12
1 +34
1 +624
N otes:
(1) ITE = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### = Land Use Code (2) TSF = Thousand Square Feet (Gross Floor Area); DU = Dwelling Units 18 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-147

Legend
-4-10% Percent From Project
g3ldil
5%
Figure 10
Project Outbound Trip Distribution - Existing General Office Building 1400 Bristol Street North Residences
Traffic Impact Analysis
19 19604
14-148

Legend
-40-10% Percent To Project
g3ldil
Figure 11
Project Inbound Trip Distribution - Existing General Office Building 1400 Bristol Street North Residences
Traffic Impact Analysis
20 19604
14-149

Legend
-4-10% Percent From Project
g3ldil
5%
Figure 12
Project Outbound Trip Distribution - Proposed Residential 1400 Bristol Street North Residences
Traffic Impact Analysis
21 19604
14-150

Legend
-40-10% Percent To Project
g3ldil
Figure 13
Project Inbound Trip Distribution - Proposed Residential 1400 Bristol Street North Residences
Traffic Impact Analysis
22 19604
14-151

QJ�QQ- v
GPI
G`r C
G
v
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Q.O Campus Dr (EW) Birch St (EW)
Site JG O� oNo —0 oNo —0
`�yQQ' P�� j -0 1 ,r0
IRVINE qVE � �
0: `, 1 ' 9'' `, T
rnP
6 0—. oo 3� o00
FS" MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
R STS T� Von Kerman Ave (EW) Jamboree Rd (EW)
V-0 V-0
oNo �0 'Too --3
,moo
o�o�'
0— 000 15� (000
0- 5�
Campus Dr (NS)/ Campus Dr (NS)/ MacArthur Blvd (NS)/
Bristol St N (EW) Bristol St S (EW) Bison Ave (EW)
11-0 UNIVERSITY DR 11-0
00 —11 (moo ouzo —0
. 1 ,r2 A�l'A 000
1 0-4 1T r� 0 1
00 6� 0� ono
o� 0�,
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St N (EW) Campus Dr (EW) Bristol St N (EW)
"'-12 N
00 14 oI'o t--0 7o
l �,-32 0
A�
J r
0'' �1' �1l'
0- OHO ENO
0-4J
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) Bristol St S (EW) University Dr (EW)
0 orNi o orno 0
l ejSONAVE \ 1 1 �0
0� � l' 7J4 T r' OJ' `i t r'
-13g— coo 0— 0(00
05-4 0-4
Legend
0 Study Intersection
Figure 14
Project (Net)
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
23 19604
14-152

IRVINE AVE
M�R
Campus Dr (NS)/
Campus Dr (NS)/
Bristol St N (EW)
Bristol St S (EW)
11-0
00 --3
A
0 �'
T l'
0o
g�
o�
Birch St (NS)/
Bristol St N (EW)
VI-0
00 8
A) 1 -5
� 1
00 Birch St (NS)/
Bristol St S (EW)
o `?
l �
0 t l'
11� o0
0�
Legend
QStudy Intersection
9 Q;
a
C7
W
L
v
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
y/N Q� Campus Dr (EW) Birch St (EW)
G� 4Qi 10-- 0 *- 0
Site J O ol-o —0 01-0 —0
6 0— 000 1�
thur Blvd (NS)/ Ma000
0� 0�
sr0 r0� s MacArcArthur Blvd (NS)/
`t9 tp T� Von Karman Ave (EW) Jamboree Rd (EW)
*-0 V-0
oo 0 boo —12
1 �r2 ,1 1 L ,r0
0� o00 1� rnoo
0� 6�
MacArthur Blvd (NS)/
Bison Ave (EW)
UNIVERSITY DR 'k-0
000o —0
.1 1 ' 0
0:� `itP
0ovo
0�
Jamboree Rd (NS)/ Jamboree Rd (NS)/ t
Campus Dr (EW) Bristol St N (EW)
0 ono
1 L 'r- 0 A l
0-4 -, t- -, 1 r'
0_ ono Juno
0-4
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
m *-0
0 0'T0 —0
ejS0 VE
6,' T l' 0-4 T l'
3— vo 0— o'It o
-4 --, 0-4
NX
Figure 15
Project (Net)
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
24 19604
14-153

5. FUTURE VOLUME FORECASTS
This section describes how future volume forecasts for the TPO scenarios were developed. Forecast study area volumes are illustrated on figures contained in this section.

CITY OF NEWPORT BEACH APPROVED PROJECTS
The City of Newport Beach staff provided a list of approved projects within the study area for use in the TPO analysis. The approved project list consists of future developments that have been approved, but have not been fully constructed and occupied. The approved project data is contained in Appendix D.

Trips associated with the following 17 projects are included in the TPO analysis:
■ Fashion Island Expansion
■ Temple Bat Yahm Expansion
■ Hoag Hospital Phase III
■ St. Mark Presbyterian Church
■ 2300 Newport Blvd (Vue)
■ Hoag Health Center 500-540 Superior
■ North Newport Center
■ 328 Old Newport Medical Office GPA
■ Mariner's Pointe 23,105 SQ FT Commercial Center
■ Back Bay Landing 300 ECH
■ Balboa Marina West
■ Newport Crossings
■ Museum House - Vivante Senior Center
■ Uptown Newport: Phase 1 - Trans Devel Rights (TDR)
■ Uptown Newport: Phase 2 only
■ Residences at 4400 VK
■ Picerne Residential (1300 Bristol St N)

AMBIENT GROWTH
To account for ambient growth on roadways, existing volumes were increased by a growth rate of one percent (1.0%) per year through year 2027 along applicable arterial highways (Irvine Avenue, Jamboree Road, and MacArthur Boulevard) in accordance with the City of Newport Beach Regional Traffic Annual Growth Rate.

This equates to a growth factor of 1.05 along arterials with counts conducted in 2022.

TPO YEAR 2027 VOLUME FORECASTS
TPO Year 2027 Without Project volume forecasts were developed by adding ambient growth and approved projects trips to existing volumes. TPO Year 2027 Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 16 and Figure 17.

TPO Year 2027 With Project volume forecasts were developed by adding project -generated trips to TPO Year 2027 Without Project volumes. TPO Year 2027 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 18 and Figure 19.
93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
25 19604
14-154

IRVINE AVE
M�R
Campus Dr (NS)/
Campus Dr (NS)/
Bristol St N (EW)
Bristol St S (EW)
N
"-167
N N
— 949
v w
l
-267
j
row
vrn
687�
1290�
453�
1 l'
Mo
�N
Birch St (NS)/
Bristol St N (EW)
Cl) 00 MN `-160
—1244
A) ,-381
�1
nN
Birch St (NS)/
Bristol St S (EW)
CO
1 �
496900
16 194� NN
Legend
QStudy Intersection
Q;
/ ( MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Campus Dr (EW) Birch St (EW)
G� �Q,1 co - oo "-65 - M *- 84
Site J O 00°' —170 Nc0o(M0 —125
` o21 A) 1 L o16
254 �' T l(w
) 91 �' T
\\\e 437 �-N 139 Nrnv
MacArthur Blvd (NS)/ j MacArthur Blvd (NS)/
Von Karman Ave (EW) I Jamboree Rd (EW)
o(000
�30
Cl)I
`-171
�vrn
—59
N(.9M
NM(4
—900
1 �r 162
1 L
391
18 282--4
T
38 662—
0)000
20 149--�,
LOCO

UNIVERSITY DR
MacArthur Blvd (NS)/
Bison Ave (EW)
MLo `�40
v —93
,1 1 1 ,r 181
80,r
84�
67 Jamboree Rd (NS)/ Jamboree Rd (NS)/
Campus Dr (EW) Bristol St N (EW)
1 00c(00 "-87 L�
CON 194 v00
J
1 L 185 A 1
�
�mv
60--4
133— o'Trn I-cNv�
33�
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
m
v Nrn `k-142
ejSOA(AVE \
00 C))�ao —99
1 * -220
897,4 T ' 361,4 T
392— cliN 90— ��00
1239�, 32�, o�
Figure 16
TPO Year 2027 Without Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
26 19604
14-155

Q;
QJyQQ- 10
D
C7
c
W
L
v
MacArthur Blvd (NSu MacArthur Blvd (NS)/
y/N Q� Campus Dr (EW) Birch St (EW)
N Cr) "-140 � O *-176
Site J O CO (011- —625 ccoo o`c) —275
IRVINEAVE �35 1 L �62
262 �' � 1 r' 264
246 �, — LO 00 125, 95 � � N
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
�R sus sTti Von Karman Ave (EW) Jamboree Rd (EW)
81 ONN ",-99
CO LO rm) � 36 cam) oo —931
A I L ,-421 A l ,-393
64 202 --' 1
87� aO�N 918— NCO
127� �N 56� NAM
Campus Dr (NS)/ Campus Dr (NS)/ MacArthur Blvd (NS)/
Bristol St N (EW) Bristol St S (EW) Bison Ave (EW)
CO rn 107 o Cl) UNIVERSITY DR N 'k-67
co LO —1734 � � 00 � M —108
1 �r-281 1 1 or-141
445:� 1 l' 170,'
830105� CO 00
LOU) 485--4 1-N 131N01)
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St N (EW) Campus Dr (EW) Bristol St N (EW)
tOm 115 �rnQ0 "-251 corn
cn N —1570 rn - —274 ttoo Or-O
A l pr-372 A� 1 L 123 ,l l
F159-' �1''�255— � .000 NrLO �Q' 94 � � co rn
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) Bristol St S (EW) University or (EW)
10 m o -.M� `-122
VN 00 m�� —106
1 ejSOA(AVE \ 1 A I L 235
202 ' T l' 603,' T l' 271,' T l'
© 927� �'ao 691— Nrn 100— `TT
1111112-, � NN N� r-m 12-4 �
NIX
Legend
Q Study Intersection
Figure 17
TPO Year 2027 Without Project
PM Peak Hour Intersection Turning Movement Volumes
93')dJii 1400 Bristol Street North Residences
Traffic Impact Analysis
27 19604
14-156

IRVINE AVE
M�R
Campus Dr (NS)/ Campus Dr (NS)/
Bristol St N (EW) Bristol St S (EW)
0 � "-167
NN —960 0000
l �r 269 1 i�
687- T l'
r2 00 1284 —► LO o
'IT rn 453 �, t` N
Birch St (NS)/
Bristol St N (EW)
CCl) 00 M N 172
t-1258 4�7
1 �413
J�
Birch St (NS)/
Bristol St S (EW)
M M
1 �
496
© �' T P
887:— N N
194N N
Legend
QStudy Intersection
93')dJii
ejSo
\N AVE
Q;
( MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Campus
Dr (EW)
Birch St (EW)
0 Ln 0
"-65
t` It
*- 84
COrn° '
—170
Nc(0(0
—125
A) 1 L
or-21
.) 1 '.
r-16
254
-, 1 -
100 �r
v) 1 r'
406�
v000
194�
Nrnv
37-4
MacArthur
Blvd (NS)/
39�,
MacArthur
M
Blvd (NS)/
Von Kerman Ave (EW)
00 `�30
CD
�4m —59
-160
Jamboree Rd (EW)
0)0 171
O)Zo —897
C�r
391
1 L
,
1 ,r
18 �'
1 '
282 -r
v) 1
38�
Mv(.0
677�
rn00o
20�
vM
154�
�m

UNIVERSITY DR
MacArthur Blvd (NS)/
Bison Ave (EW)
o `�40
(0 —93
Al 1 L ,r 181
80,r
84�
67 Jamboree Rd (NS)/
Jamboree Rd (NS)/
Campus Dr (EW)
Bristol St N (EW)
1 0 Cmo
'-87
n l--
-CON
194
v�
1 L
�185
. 1
60--4
133—
o(D�
°rn'vv
33�
rn
0�!!0
lob
Jamboree Rd (NS)/
Jamboree Rd (NS)/
Bristol St S (EW)
University or (EW)
00 N o
` 142
\
�
rMiCOco
99 —99
, -220
—�
904,4
T l'
361,4
*) T -
398—
oN
90—
�COw
1244 �, �
32 o
Figure 18
TPO Year 2027 With Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
28 19604
14-157

Q;
QJyQQ- 10
D
C7
c
W
L
v
MacArthur Blvd (NSu MacArthur Blvd (NS)/
y/N Q� Campus Dr (EW) Birch St (EW)
N rfl "-140 �2 r-- *- 176
00 Site J O M O 11 —625 ccoo o`c) —275
IRVINEAVE �35 1 L �62
262 �' ' 1 r' 264T246-4
-00 125, 0 N
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
�R sus sTti Von Karman Ave (EW) Jamboree Rd (EW)
MWM 'k-81 �� `�99
COLOM —36 cnm —943
A I L ,-423 A l ,-393
64-4 1 ' 202-4 1
87— aO-N 919— -It LO
127� vN 50� Nvcm
Campus Dr (NS)/ Campus Dr (NS)/ MacArthur Blvd (NS)/
Bristol St N (EW) Bristol St S (EW) Bison Ave (EW)
CO rn 107 LO CO UNIVERSITY DR `n `-67
co LO —1731 (� — LO � 108
A, 1 r-276 1 A) 1 or-141
445:� T l' 170,'
839�N 105� MMO0
LOU) 485�, �N 131LONoo
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St N (EW) Campus Dr (EW) Bristol St N (EW)
tO M 115 N — Q0 "-251 rn rin
in N —1562 rn � —274 m ors°
A l pr367 A� 1 L r-123 d l
159-4
255 — CO v 000 CCO ur)
cal �Q 94 � co rn
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) Bristol St S (EW) University or (EW)
�I m o ��C `�122
v� oo —106
1 ejSOA(AVE \ 1 A I L 235
202 ' T l' 609 -4 T l' 271,4 T l'
© 938694— N<° 100� `c"n`c'
111� NN 1108-4 N� 12-4 ��m
NIX
Legend
Q Study Intersection
Figure 19
TPO Year 2027 With Project
PM Peak Hour Intersection Turning Movement Volumes
931dii 1400 Bristol Street North Residences
Traffic Impact Analysis
29 19604
14-158

6. TPO ANALYSIS
Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are provided in Appendix C.

TPO YEAR 2027 ONE -PERCENT THRESHOLD ANALYSIS
Table 3 summarizes the City of Newport Beach TPO one -percent threshold analysis. In accordance with the City of Newport Beach TPO requirements, if project -generated peak hour approach volumes are greater than or equal to one percent of the forecast peak hour volumes on any approach of an intersection, then a detailed ICU analysis is required to assess the project -related change in ICU. The TPO one -percent analysis calculation worksheets are contained in Appendix E.

The following eight study intersections are forecast to exceed the TPO one -percent threshold and require ICU analysis:

3. Birch Street (NS) at Bristol Street North (EW)

4. Birch Street (NS) at Bristol Street South (EW)

5. MacArthur Boulevard (NS) at Campus Drive (EW)

6. MacArthur Boulevard (NS) at Birch Street (EW)

7. MacArthur Boulevard (NS) at Newport Place Drive/Von Karman Avenue (EW)

8. MacArthur Boulevard (NS) at Jamboree Road (EW)

10. Jamboree Road (NS) at Campus Drive (EW)

11. Jamboree Road (NS) at Bristol Street North (EW)

TPO IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for TPO Year 2027 Without and With Project conditions are shown in Table 4. As shown in Table 4, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for TPO Year 2027 Without and With Project conditions.

Table 4 also calculates the net change in ICU at the applicable study intersections for TPO Year 2027 With Project conditions. As shown in Table 4, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required.
93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
30 19604
14-159

Table 3
TPO One -Percent Threshold Analysis Summary
Project Trips Exceed One Percent?'
Peak
Northbound
Southbound
Eastbound
Westbound
ID Study Intersection
Hour

1. Campus Dr (NS) at Bristol St North (EW)
AM
No
No
No
No
PM
No
No
No
No

2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
AM
No
No
No
No
PM
No
No
No
No

3. Birch St (NS) at Bristol St North (EW)
AM
No
No
No
Yes
PM
No
No
No
No

4. Birch St (NS) at Bristol St South (EW)
AM
No
Yes
No
No
PM
No
No
No
No

5. MacArthur Blvd (NS) at Campus Dr (EW)
AM
Yes
No
No
No
PM
No
No
No
No

6. MacArthur Blvd (NS) at Birch St (EW)
AM
No
No
Yes
No
PM
No
No
No
No

7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) AM
No
No
No
No
PM
No
Yes
No
No

8. MacArthur Blvd (NS) at Jamboree Rd (EW)
AM
No
No
Yes
No
PM
No
No
No
No

9. MacArthur Blvd (NS) at Bison Ave (EW)
AM
No
No
No
No
PM
No
No
No
No

10. Jamboree Rd (NS) at Campus Dr (EW)
AM
Yes
No
No
No
PM
No
Yes
No
No

11. Jamboree Rd (NS) at Bristol St North (EW)
AM
No
No
No
No
PM
No
Yes
No
No

12. Jamboree Rd (NS) at Bristol St South (EW)
AM
No
No
No
No
PM
No
No
No
No

13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) AM
No
No
No
No
PM
No
No
No
No
Notes-
(1) If the project is forecast to contribute 1% or more of the projected TPO analysis year peak hour volume, then detailed Intersection Capacity Utilization analysis is required in accordance with the City of Newport Beach Traffic Phasing Ordinance. 31 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-160

Table 4
TPO Year 2027 Intersection Levels of Service and Impact Assessment ID Study Intersection
Traffic
Control'
TPO Without Project
TPO With Project
V/C Increase
Significant
Impact?
AM Peak Hour
PM Peak Hour
AM Peak Hour
PM Peak Hour
V/C2
LOSS
V/C2
LOSS
V/C2
LOSS
V/C2
LOSS
AM
PM

3. Birch St (NS) at Bristol St North (EW)
TS

0.49 A

0.52 A

0.49 A

0.52 A

0.00 0.00
No

4. Birch St (NS) at Bristol St South (EW)
TS

0.35 A

0.36 A

0.36 A
+0.01

0.00 No

5. MacArthur Blvd (NS) at Campus Dr (EW)4
TS

0.34 A

0.54 A

0.34 A

0.54 A

0.00 0.00
No

6. MacArthur Blvd (NS) at Birch St (EW)
TS

0.31 A

0.42 A

0.31 A

0.42 A

0.00 0.00
No

7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) TS

0.33 A

0.37 A

0.33 A

0.37 A

0.00 0.00
No

8. MacArthur Blvd (NS) at Jamboree Rd (EW)4
TS

0.42 A

0.50 A

0.42 A

0.50 A

0.00 0.00
No

10. Jamboree Rd (NS) at Campus Dr (EW)4
TS

0.50 A

0.52 A

0.50 A

0.52 A

0.00 1 0.00
No

11. Jamboree Rd (NS) at Bristol St North (EW)
TS

0.37 A

0.39 A

0.36 A

0.41 A
-0.01
1 +0.02
No
Notes:
(1) TS = Traffic Signal
(2) V/C = Volume/Capacity
(3) LOS = Level of Service
(4) Level of Service E is acceptable; shared jurisdiction with City of Irvine. g3ldii
32 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-161

7. CEQA ANALYSIS
This section presents analysis of Year 2027 cumulative conditions. Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are provided in Appendix C.

CUMULATIVE PROJECTS
In addition to the approved projects in the City of Newport Beach (addressed in the TPO analysis), CEQA requires analysis of cumulative conditions. This CEQA analysis also includes traffic from pending projects in the Cities of Newport Beach and Irvine, in addition to the approved projects. Pending projects consist of projects that are in various stages of the application and approval process but are not yet approved. These projects are considered to be reasonably foreseeable projects in the vicinity of the project and must be included in the Cumulative conditions analysis for CEQA purposes. The Cities of Newport Beach and Irvine were consulted and provided the list of cumulative projects to be included in this analysis.

Table 5 includes the trip generation for cumulative projects as provided by the City of Newport Beach, University of California, Irvine, and City of Irvine. Figure 20 shows the cumulative projects location map.

Cumulative Projects AM and PM peak hour intersection turning movement volumes are shown on Figure 21 and Figure 22.

CEQA YEAR 2027 WITHOUT PROJECT VOLUME FORECASTS
CEQA Year 2027 Without Project volume forecasts were developed by adding cumulative projects trips to TPO Year 2027 Without Project volumes. CEQA Year 2027 Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 23 and Figure 24.

CEQA YEAR 2027 WITH PROJECT VOLUME FORECASTS
CEQA Year 2027 With Project volume forecasts were developed by adding project trips to CEQA Year 2027 Without Project volumes. CEQA Year 2027 With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 25 and Figure 26.

CEQA YEAR 2027 IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for CEQA Year 2027 Without and With Project conditions are shown in Table 6. As shown in Table 6, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for CEQA Year 2027 Without and With Project conditions.

Table 6 also calculates the net change in ICU at the applicable study intersections for CEQA Year 2027 With Project conditions. As shown in Table 6, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required.
93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
33 19604
14-162

Table 5 (1 of 2)
Cumulative Projects Trip Generation
Net Trips Generated
AM Peak Hour
PM Peak Hour
Project
In
Out
Total
In
Out
Total
ID
Project Name
Land Use
Quantity'
Daily
City of Newport Beach
Existing Use
NB1
1600 Dove Street
Residences
General Office

60.675 TSF
-59
59 0
45 -36
9 472
Proposed Use
Multifamily Housing (Mid -Rise)
249 DU
NB2
Sage Hill School Expansion
Private School (K-8)
150 ST
86 66
152
18 21
39 617
Existing Use
Boat Sales

4.487 TSF
Proposed Uses
NB3
Mother's Market
11 17
28 29
24 53
690
Multifamily Housing
36 DU
Supermarket

5.096 TSF
N134
Newport Beach Porsche
Auto Dealership
143.494 TSF
195
72 267
139
208
347
3,995
NB5
The Garden Restaurant
Quality Restaurant

10.240 TSF
6 2
8 55
29 84
971
Commercial Retail

0.747 TSF
Existing Uses
John Siple/Johnson Yacht Sales

0.500 TSF
Sun Country Marine

1.000 TSF
Powerhouse Vehicle Sales

17.000 TSF
WCH-Duffield Marine

2.000 TSF
General Office Building

7.185 TSF
WCH-A'Maree's

8.100 TSF
Marina
68 Berths
Proposed Uses
NB6
Newport Village
Multifamily Housing (Mid -Rise)
108 DU
108
55 163
77 105
182
2,238
General Office

55.280 TSF
Car Show Room

7.900 TSF
Single -Family Detached Residential
14 DU
General Office

36.620 TSF
Duffield Marine Sales/Office

2.000 TSF
Boat Show Room
10 EMP
High -Turnover Sit -Down Restaurant

3.815 TSF
Quality Restaurant

9.100 TSF
Marina
63 Berths
N137
Newport Coast
Multifamily Housing
564 DU
413
932
:1,345
926
557
1,483
14,778
Single -Family Detached Residential
954 DU
g3ldii
34 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-163

Table 5 (2 of 2)
Cumulative Projects Trip Generation
Net Trips Generated
AM Peak Hour
PM Peak Hour
Project
In
Out
Total
In
Out
Total
ID
Project Name
Land Use
Quantity'
Daily
University of California, Irvine
UCI North Campus
Hospital
144 Beds
Hospital Project
526
163
689
202
520
722
8,550
UCI
Ambulatory Care
225.000 TSF
UCI North Campus Child
Medical Office Building
168.000 TSF
331
79 410
162
414
576
5,531
Health/Medical Office
City of Irvine
IR1
Volar Apartments
Multifamily Housing (Mid -Rise)
930 DU
79 265
344
221
141
362
4,222
IR2
Futures Academy
Private School

5.621 TSF
81 11
9 11
7 8
61 Multifamily Housing (Mid -Rise)
593 DU
50 169
219
141
90 231
2,692
General Office Building

2.730 TSF
4 0
4 1
3 4
30 IR3
Elements Phase 3
Strip Retail Plaza (<40k)

5.000 TSF
7 5
12 16
16 32
272
Coffee Donut Shop w/o
Drive-Thru Window

2.730 TSF
130
125
255
44 44
88 1,393
Health Fitness Club

6.900 TSF
5 4
9 14
10 24
205
Hotel
386 RM
138
78 216
116
112
228
3,084
IR4
Landmark
General Office
448.000 TSF
599
82 681
110
535
645
4,856
IR5
Milani Apartments
Multifamily Housing (Mid -Rise)
287 DU
24 82
106
68 44
112
1,303
IR6
Elements
Multifamily Housing (Mid -Rise)
700 DU
60 199
259
167
106
273
3,178
IR7
Von Karman Quartz Office
General Office

16.538 TSF
22 3
25 4
20 24
179
Total
1 2,7431
2,4581
5,2011
2,5561
2,9701
5,5261
59,317
Sources:

Data provided by City of Newport Beach, City of Irvine, and UCI traffic studies.

ITE = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### = Land Use Code N otes:
(1) TSF = Thousand Square Feet; DU = Dwelling Units; ST = Students; EMP = Employees; RM = Rooms g3liji-1,
ICU
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-164

Table 6
CEQA Year 2027 Intersection Levels of Service and Impact Assessment ID Study Intersection
Traffic
Control'
CEQA Without Project
CEQA With Project
V/C Increase
Significant
Impact?
AM Peak Hour
PM Peak Hour
AM Peak Hour
PM Peak Hour
V/C2
LOSS
V/C2
LOSS
V/C2
LOSS
V/C2
LOSS
AM
PM

1. Campus Dr (NS) at Bristol St North (EW)
TS

0.458
A

0.677
B

0.459
A

0.676
B
+0.001
-0.001
No

2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
TS

0.543
A

0.492
A

0.541
A

0.494
A
-0.002
+0.002
No

3. Birch St (NS) at Bristol St North (EW)
TS

0.498
A

0.535
A

0.504
A

0.533
A
+0.006
-0.002
No

4. Birch St (NS) at Bristol St South (EW)
TS

0.361
A

0.364
A

0.361
A

0.365
A

0.000
+0.001
No

5. MacArthur Blvd (NS) at Campus Dr (EW)4
TS

0.441
A

0.669
B

0.441
A

0.669
B

0.000

0.000
No

6. MacArthur Blvd (NS) at Birch St (EW)
TS

0.355
A

0.479
A

0.355
A

0.479
A

0.000

0.000
No

7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) TS

0.404
A

0.423
A

0.403
A

0.425
A
-0.001
+0.002
No

8. MacArthur Blvd (NS) at Jamboree Rd (EW)4
TS

0.557
A

0.620
B

0.556
A

0.625
B
-0.001
+0.005
No

9. MacArthur Blvd (NS) at Bison Ave (EW)
TS

0.450
A

0.476
A

0.451
A

0.477
A
+0.001
+0.001
No

10. Jamboree Rd (NS) at Campus Dr (EW)4
TS

0.574
A

0.622
B

0.574
A

0.622
B

0.000

0.000
No

11. Jamboree Rd (NS) at Bristol St North (EW)
TS

0.394
A

0.423
A

0.386
A

0.431
A
-0.008
+0.008
No

12. Jamboree Rd (NS) at Bristol St South (EW)
TS

0.651
B

0.664
B

0.652
B

0.593
A
+0.001
-0.071
No

13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS

0.636
B

0.678
B

0.637
B

0.679
B
+0.001
+0.001
No
Notes:
(1) TS = Traffic Signal
(2) V/C = Volume/Capacity
(3) LOS = Level of Service
(4) Level of Service E is acceptable; shared jurisdiction with City of Irvine. g3lddii
36 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-165

Legend
Other Development (see Table 5):
• City of Irvine
• City of Newport Beach
Figure 20
Cumulative Projects Location Map
g3ldill 1400 Bristol Street North Residences
Traffic Impact Analysis
37 19604
14-166

IRVINE AVe
M�R
Campus Dr (NS)/
Bristol St N (EW)
CD CD
M �0
N00 —31
A l ,r- 0
�1
o�
M
Birch St (NS)/
Bristol St N (EW)
`- -3
N� —10
A) 1 �0
O N
Birch St (NS)/
Bristol St S (EW)
1 �
23 e
35� (flo
Q�
Legend
QStudy Intersection
93')dJii
Campus Dr (NS)/
Bristol St S (EW)
0 M O
l�
222� 1 i'
57� v0
Q�
9 Q;
a
C7
W
L
v
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
y/N Q� Campus Dr (EW) Birch St (EW)
�{
0 M W-5
Site J O Nrno —258 N- —15
QQ' ,r43 A) 1 L ,r0
115 -1 1 ' 7 �' 1
enn 254o1-Cl) 52 ► orno
s '1/sr 0-4 N� Q N
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
`SjiS' T� Von Kerman Ave (EW) Jamboree Rd (EW)
`-0 `--6
C?ro --3 �—148
A l ,-51 d 1 L ,r167
3 --' 1 l' 138 --4 1 l'
3— N`�'maCD 260— oo(0
26� N Q� 4
MacArthur Blvd (NS)/
Bison Ave (EW)
UNIVERSITY DR CO 0
O (oil O — 54
A�11* r-6
0-' 1)
17— o00'IT
Q-4 CO
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Campus Dr (EW) Bristol St N (EW)
(o�0 —024 oN
�l� ,moo rl
32--4 1 ' t
0— LOMO MHO
193- M
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
m °' *` 0
N u70N0 ~0
ejS0 AVE \ 1 A) 1 L ,--30
35 --' T l' 17,' `) T l'
4C)0 0— occo
3-4 M 0-4 M
NX
Figure 21
Cumulative Projects
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
38 19604
14-167

IRVINE AVE
M�R
Campus Dr (NS)/
Bristol St N (EW)
N0 �0
N—67
A l Pr
� T
o�
N
Birch St (NS)/
Bristol St N (EW)
`- 2
CO 00 —38
.&) 1 Pro
� T
oM
Birch St (NS)/
Bristol St S (EW)
O
1 �
24 T l'
15� mo
© 0�
Legend
QStudy Intersection
93')dJii
Campus Dr (NS)/
Bristol St S (EW)
0 C2
�o
1L
179 T i'
38� �o
0 Q;
<
a
C-
v�`
c
W
L
v
/ ( MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Campus Dr (EW) Birch St (EW)
rfl 0 � *- 19
Site J O � 04 (D —252 LO N 1- —57
,r51 � 1 L ,r0
35 �' T r' 1 �' T
\\\e 220� omo� 22 ► omo
0 � i 0 �
MacArthur Blvd (NS)/ j MacArthur Blvd (NS)/
Von Karman Ave (EW) I Jamboree Rd (EW)
Cl)
0 v o
13 NNo
2 —281
1 ,r 84
1 L
,r 189
-2
67 ''
T
1700�
OMM
-16�
�"' I

UNIVERSITY DR
ejSO
\N AVE
MacArthur Blvd (NS)/
Bison Ave (EW)
co 'k-0
cli
0Mo —33
Al 1 L 5
0 53— 000cfl
0-4 N
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Campus Dr (EW) Bristol St N (EW)
�MOD
M �904 ooO(.0
CO
,r-0 rl
9: -) T ' T
0� �oo N�o
105� �N N
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
lob
�`
M M O �0
,r63
—� 15'' T' 7,' T'
2— M O 0— O N Cl)
2� N 0-, N
Figure 22
Cumulative Projects
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
39 19604
14-168

IRVINE AVE
M�R
Campus Dr (NS)/
Bristol St N (EW)
N� *-167
vM —980
AJ l ,r 267
� T
ao �
� M
v�
Birch St (NS)/
Bristol St N (EW)
`-157
— 1254
A 1 ,r381
Birch St (NS)/
Bristol St S (EW)
vm
CO
519
© 935�
194� NN
Legend
QStudy Intersection
93')dJii
Campus Dr (NS)/
Bristol St S (EW)
LO r`
Lnw
909,r 1 '
1347� ono
453�, �N
9 Q;
<
C -/
W
L
v
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
/N QO Campus Dr (EW) Birch St (EW)
Noo -65 LO '-89
Site J O o —428 N�00 —140
) 1 L or-64 A) 1 L or-16
369: ') 1 /' 98 � � 1 '
6 660� '"cCO 243� NCO'
37�, v�� 39� N(0
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
`SjiS' T� Von Karman Ave (EW) Jamboree Rd (EW)
Cl) r *-30 CIDt` `� 165
o�o —56 Nvr- —1048
A? 1 L ,r213 1 ,r558
21 420
41922''�6'
46� �v 149� ��
MacArthur Blvd (NS)/
Bison Ave (EW)
UNIVERSITY DR w "-40
—93
Al 1 L ,r211
97,r `i T '
84, � CD 00
67 �,
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Campus Dr (EW) Bristol St N (EW)
�LO� �111 LON
r2cmo —194 vF
1 L ,r 185 Al l
i
92-r �1'
133— oo� 1-04�
226 �
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University Dr (EW)
m o_ r�i�� 1`142
r) ao 99
ejS0 AVE \ 250
932,r T ' 378,' T '
396— �N 90— �Nrn
1242�, N 32�,
N
Figure 23
CEQA Year 2027 Without Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
40 19604
14-169

QJ�QQ- v
G`r C
G
v
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
4P Campus Dr (EW) Birch St (EW)
ML 140 wL 195
Site J O vrno1° '-877 oc°orn —332
QQ- �� 1 1* ,r 86 A)1 L � 62
IRVINE AVE ` �ty �P
297 265 �' 1
MF e�jsT e�/S+�O 417
2 46 25 ,, N
S"Q �� s MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
R ST T� Von Karmen Ave (EW) Jamboree Rd (EW)
`r v `-81 vN0) 112
c`n) 000 Cl) —38 Ot' —1212
,1 1 , -505 d 1 k* ,r582
62 -4 1 ' 269 ' T '
85— M�°�' 1097� Nvo
111�, CON 56 NIn-
Campus Dr (NS)/ Campus Dr (NS)/ MacArthur Blvd (NS)/
Bristol St N (EW) Bristol St S (EW) Bison Ave (EW)
cecO)a) 107 oM UNIVERSITY DR ao�rn �67
0 0 .-1801 00 � uO —141
A 1 ,r 281 1 A) 1 ,r 146
T 624,' T 170''
N rn 868 158 cy)
485131—N
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St N (EW) Campus Dr (EW) Bristol St N (EW)
00 CO
(oM �117 MNN �345 toLO
LO N —1608 co —274 '(2
A) r 372 k Al 1 L ,r 123 Al l
Al r
168-' ttl'
Mrn 255— LO"t Ln M�
199� c��or cNovrn
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (EN )/
Bristol St S (EW) ` Bristol St S (EW) University DrIt
(EW)
NO m r �� `�122
v N co —106
l ejSON AVE \ : d 1 k* ,r 298
226--4 T l' 618--4 T ' 278�'
942 00 693 0' CO 100 — L' 0D
111�, NN 1110-4 N� 12-4 �MCY))
Legend
0 Study Intersection
Figure 24
CEQA Year 2027 Without Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
41 19604
14-170

IRVINE AVE
M�R
Campus Dr (NS)/
Bristol St N (EW)
N� *-167
7M —991
AJ l ,r 269
� T
ao �
� M
v�
Birch St (NS)/
Bristol St N (EW)
`-169
t--1268
A) 1 ,r413
Birch St (NS)/
Bristol St S (EW)
Cl)
1 �
519
922
© � M �
194� NN
Legend
QStudy Intersection
93')dJii
Campus Dr (NS)/
Bristol St S (EW)
�00
909 1 l'
1341� o0
453 N
<t
ejSo
\N AVE
Q;
MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Campus
Dr (EW)
Birch St (EW)
N oo
"-65
LO N
'-89
coiO6'
—428
Nr-000
—140
A? 1 L
or-64
16 369:�
-, 1 -
107
1 660vm�
246�
Nov
37-,
MacArthur
Blvd (NS)/
39�,
MacArthur
M
Blvd (NS)/
Von Karman Ave (EW)
Mrn *-30
Jamboree Rd (EW)
Nt- �165
oLo
—56
Nvr
1045
1 ,r211
o) 1
,r558
21 ` 1 l'
420
41 937�
rn��
46 154�
MacArthur Blvd (NS)/
Bison Ave (EW)
UNIVERSITY DR Cl) `-40
—93
1 S. ,r211
97,r `i T P
84, MOO
67-, �o
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Campus Dr (EW) Bristol St N (EW)
�It00
� �111 MN
Moro CO �194 v�
1 L ,r 185 A) l
i
92--4 �1' �1'
133— o�� L��
226 �
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
m\142
o cc-, —99
\ 1 1 ,r 250
—� 939,r T l' 378,' -) T -
402— �N 90— 1°'M
1247�4 N 32�,
N
Figure 25
CEQA Year 2027 With Project
AM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
42 19604
14-171

IRVINE AVE
M�R
9 Campus Dr (NS)/
Campus Dr (NS)/
Bristol St N (EW)
Bristol St S (EW)
MM
*-107
LOCO
—1798
CO'O'�
l
�r 276Mir
1 624
T l'
Nrn
877�
orn
u7 [,-
4800 N
Birch St (NS)/
Bristol St N (EW)
tOM 117
LO N
—1600
4�7
A 1
pr- 367
J�
� 1
�mv
�N
�Q
Birch St (NS)/
Bristol St S (EW)
1 �
226
�
°D
111�,
NN
©953
Legend
QStudy Intersection
Q;
<
C-
v�`
a
c
W
L
v
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Campus Dr (EW) Birch St (EW)
G� �lv4 MN `-140 �N *-195
Site J O 10)1- —877 oo rn —332
Iq 'e � 1 L o86 A1 L o62
t�,P
297�7265<&&,
� 1 r' 446 �,, M cn 225 �, N
C sT MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Von Karman Ave (EW) Jamboree Rd (EW)
81 vNrn `�112
m00m �38 rmn��° —1224
1 ,-507 1 ,-582
62:� ` 1 l' 269
85C\1 M 1098� Mvo
11150� N�u7
MacArthur Blvd (NS)/
Bison Ave (EW)
UNIVERSITY DR `�-67
V
CLO' —141
A 1 1* r-146
170�'
158� �Nrn
131�, �N
Jamboree Rd (NS)/ Jamboree Rd (NS)/ t
Campus Dr (EW) Bristol St N (EW)
0 CO
ccli (.0o � 345 0)
—274 co w
1 L "-123 l
i
168--4
255— L� vLOLO
199� N�� 10;�rn
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
m .1 CO `� 122
r00i — 106
ejSOAIAVE \ 1 1 298
624--4 T l' 278,' T l'
696 — (.0(0 100 — `n N v
1106�, N� 12-4 v000004
Figure 26
CEQA Year 2027 With Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
43 19604
14-172

8. GENERAL PLAN COMPARISON ANALYSIS
This section presents analysis of Post 2030 General Plan Buildout conditions in support of the project's proposed addendum to the 2006 General Plan EIR. Detailed intersection Level of Service calculation worksheets for each of the following analysis scenarios are provided in Appendix C.

GENERAL PLAN COMPARISON METHODOLOGY
This analysis compares the traffic analysis zone (TAZ) as analyzed in the Post 2030 General Plan Buildout traffic analysis with the proposed project. The Newport Beach Traffic Model (NBTM) TAZ 1390 was analyzed with 87 dwelling units of multifamily housing and 99,970 square feet of general office in the 2006 General Plan El R. Since the project is constructing 230 multifamily housing dwelling units, the project is proposing 143 additional dwelling units compared to the 2006 General Plan EIR analysis. Therefore, Post 2030 General Plan Buildout With Project conditions were determined by adding the net increase in dwelling units proposed within TAZ 1390 to the Post 2030 General Plan Buildout forecasts originally evaluated in the 2006 General Plan EIR. The general office square footage stayed unchanged in this analysis.

GENERAL PLAN COMPARISON TRIP GENERATION AND TRIP DISTRIBUTION Table 7 shows the project trip generation based upon trip generation rates obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021). Based on review of the ITE land use description, trip generation rates for multifamily housing (mid -rise) not close to transit (Land Use Code 221) were determined to adequately represent the proposed land use and was selected for use in this analysis.

The project trip generation forecast is determined by multiplying the trip generation rates by the land use quantity.

As shown in Table 7, the proposed increase in General Plan buildout units is estimated to generate approximately 649 additional daily trips, including 53 additional trips during the AM peak hour and 55 additional trips during the PM peak hour.

Project residential trip distribution patterns (see Figure 12 and Figure 13) were used for this analysis.

POST 2030 GENERAL PLAN BUILDOUT WITHOUT PROJECT VOLUME FORECASTS Post 2030 General Plan Buildout Without Project volume forecasts were provided by the City of Newport Beach based on the 2006 General Plan EIR. Post 2030 General Plan Buildout Without Project AM and PM peak hour intersection turning movement volumes are shown on Figure 27 and Figure 28.

POST 2030 GENERAL PLAN BUILDOUT WITH PROJECT VOLUME FORECASTS Post 2030 General Plan Buildout With Project volume forecasts were developed by adding the General Plan Comparison project trips to Post 2030 General Plan Buildout Without Project traffic volumes. Post 2030 General Plan Buildout With Project AM and PM peak hour intersection turning movement volumes are shown on Figure 29 and Figure 30.

GENERAL PLAN COMPARISON IMPACT ASSESSMENT
ICU and Levels of Service at the applicable study intersections for General Plan Comparison: Post 2030 General Plan Buildout Without and With Project conditions are shown in Table 8. As shown in Table 8, the study intersections are forecast to operate at Levels of Service D or better during the peak hours for Post 2030 General Plan Buildout Without and With Project conditions, except for the following intersections:
931dipi 1400 Bristol Street North Residences
Traffic Impact Analysis
44 19604
14-173

1. Campus Drive (NS) at Bristol Street North (EW)
(Both AM/PM Peak Hours)

3. Birch Street (NS) at Bristol Street North (EW)
(AM Peak Hour)

5. MacArthur Boulevard (NS) at Campus Drive (EW)
(PM Peak Hour)

6. MacArthur Boulevard (NS) at Birch Street (EW)
(PM Peak Hour)

10. Jamboree Road (NS) at Campus Drive (EW)
(PM Peak Hour)

12. Jamboree Road (NS) at Bristol Street South (EW)
(AM Peak Hour)
Table 8 also calculates the net change in ICU at the study intersections for Post 2030 General Plan Buildout With Project conditions. As shown in Table 8, the addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for Post General Plan Buildout With Project conditions and no new mitigation measures are required. 931dii
C!:
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-174

Table 7
General Plan Comparison Trip Generation
Trip Generation Rates
Land Use
Source'
Unite
AM Peak Hour
PM Peak Hour
Daily
% In
I % Out
Rate
% In
% Out
Rate
Multifamily Housing (Mid -Rise)
ITE 221
DU
23%
77%

0.37 61%
1 39%
1 0.39

4.54 Trips Generated
Land Use
Quantity
Unite
AM Peak Hour
PM Peak Hour
Daily
In
Out
Total
In
Out
Total
Multifamily Housing (Mid-Rise)3
143
DU
13 40
53 34
21 55
649
N otes:
(1) ITE = Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021); ### = Land Use Code (2) DU = Dwelling Units
(3) The General Plan comparison analysis evaluates an additional 143 DU to NBTM TAZ 1390. Project (230 DU) - TAZ 1390 (87 DU) = 143 DU. g:301dJ101
Irl
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-175

Table 8
General Plan Comparison: Post 2030 General Plan Buildout Intersection Levels of Service and Impact Assessment ID Study Intersection
Traffic
Control'
General Plan Buildout Without Project
General Plan Buildout With Project
V/C Increase
Significant
Impact?
AM Peak Hour
PM Peak Hour
AM Peak Hour
PM Peak Hour
V/CZ
LOSS
V/CZ
LOSS
V/CZ
LOSS
V/CZ
LOSS
AM
PM

1. Campus Dr (NS) at Bristol St North (EW)
TS

1.024
F

0.948
E

1.025
F

0.949
E
+0.001
+0.001
No

2. Irvine Ave/Campus Dr (NS) at Bristol St South (EW)
TS

0.893
D

0.774
C

0.893
D

0.775
C

0.000
+0.001
No

3. Birch St (NS) at Bristol St North (EW)
TS

0.916
E

0.811
D

0.919
E

0.813
D
+0.003
+0.002
No

4. Birch St (NS) at Bristol St South (EW)
TS

0.547
A

0.625
B

0.554
A

0.627
B
+0.007
+0.002
No

5. MacArthur Blvd (NS) at Campus Dr (EW)4
TS

0.809
D

1.241
F

0.809
D

1.241
F

0.000

0.000
No

6. MacArthur Blvd (NS) at Birch St (EW)
TS

0.796
C

1.016
F

0.797
C

1.018
F
+0.001
+0.002
No

7. MacArthur Blvd (NS) at Newport PI Dr/Von Karman Ave (EW) TS

0.562
A

0.682
B

0.562
A

0.684
B

0.000
+0.002
No

8. MacArthur Blvd (NS) at Jamboree Rd (EW)4
TS

0.877
D

0.858
D

0.878
D

0.861
D
+0.001
+0.003
No

9. MacArthur Blvd (NS) at Bison Ave (EW)
TS

0.775
C

0.792
C

0.775
C

0.793
C

0.000
+0.001
No

10. Jamboree Rd (NS) at Campus Dr (EW)4
TS

0.930
E

1.180
F

0.931
E

1.182
F
+0.001
+0.002
No

11. Jamboree Rd (NS) at Bristol St North (EW)
TS

0.681
B

0.606
B

0.684
B

0.617
B
+0.003
+0.011
No

12. Jamboree Rd (NS) at Bristol St South (EW)
TS

0.942
E

0.867
D

0.947
E

0.871
D
+0.005
+0.004
No

13. Jamboree Rd (NS) at Eastbluff Dr/University Dr (EW) TS

0.681
B

0.667
B

0.681
B

0.667
B

0.000

0.000
No
Notes:
(1) TS = Traffic Signal
(2) V/C = Volume/Capacity
(3) LOS = Level of Service
(4) Level of Service E is acceptable; shared jurisdiction with City of Irvine. g3ldii
47 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-176

IRVINE AVE
M�R
Q;
/ ( MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Campus Dr (EW) Birch St (EW)
000 "-60 000 *-20
Site J O OrnN —630 N0°r —310
,r40 A1 L ,r50
Si
770�' 1 ' 710-r � 1
\\\e 990� ,oncoo� 660 ,onvv
200 -, co I 0
MacArthur Blvd (NS)/ j MacArthur Blvd (NS)/
Von Karman Ave (EW) I Jamboree Rd (EW)
00 `-40
I 000
170
(0((B>
—180
-LO-
—1120
1 v-170
1 wr420
40�'
` '
670--4
170
1760—
orno
60 160--,,
Noca
Campus Dr (NS)/ Campus Dr (NS)/ MacArthur Blvd (NS)/
Bristol St N (EW) Bristol St S (EW) Bison Ave (EW)
00 �250 0o UNIVERSITY DR O�R 'k-10
vLO —2010 �� MNQ0 —250
l or 310 1 A� 1 1 160
`i T 1370 T l' 330 `i T P
v� 1590� �� 270— rn00
u7M 670� N� 210� MMN
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St N (EW) Campus Dr (EW) Bristol St N (EW)
00 `-820 0(R0 *-170 00
� N t--1730 � CO 1- —840 � �
1 -480 A I L -800 A l
1 ��v 260 --r
o�o� Gj 280— 0000 moo
30� NM cli
CO
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) Bristol St S (EW) University or (EW)
00 m o0 000 '170
V N I- CIJ � 110
NN
1 ejSOA(AVE \ 340
850 �' T l' 21504 T l' 510 ' T l'
©1200570— o0 120— o00
2101020-4 No 10-4 o.N
Legend
Q Study Intersection
Figure 27
Post 2030 General Plan Buildout Without Project
AM Peak Hour Intersection Turning Movement Volumes
93')dJii 1400 Bristol Street North Residences
Traffic Impact Analysis
48 19604
14-177

IRVINE AVE
M�R
Campus Dr (NS)/
Campus Dr (NS)/
Bristol St N (EW)
Bristol St S (EW)
oL
�
�140
� o
N o
— 2880
N M
l
�r 540
1 550�
T l'
00 1420�
o0
0�
630�,
Birch St (NS)/
Bristol St N (EW)
0000 160
CO — 1730
coo 0
�0
Birch St (NS)/
Bristol St S (EW)
oo)
rnv
1 �
380
161490
13� o0
0�, Mo
Legend
QStudy Intersection
93')dJii
Q;
/
Site J
`1 yQQ-
1e
O
P��
>
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Campus Dr (EW) Birch St (EW)
oho `-190 0S0 W-360
— 1470 ci — 1020
160 � 1 L 150
530 �' 1 ' 460 �' 1
\\\e
7'0—A 000
160� Mao I
480� 000
70� 000DCD
-
C sT MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Von Karman Ave (EW) Jamboree Rd (EW)
ono `�110 000 `�180
�`�— ,210 r�n`9N —1570
1 L ,r860 1 ,r920
140--4 1 ' 240�' 1 l'
270 — U.) 1480
10070� NNCfl
MacArthur Blvd (NS)/
Bison Ave (EW)
UNIVERSITY DR 000') -50
v Cl)-v —400
A� 1 1* r-220
330
210�
100�, NNE
Jamboree Rd (NS)/ Jamboree Rd (NS)/ t
Campus Dr (EW) Bristol St N (EW)
o ocoo "-530 ��
NNE —650 0�
A� 1 L -360 A 1
610 --r -) 1 - 1
850— CD00 000
30- �rn1- rnN
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
CD
m v rnrnrn 210
CO —110
8/SO
A/ AVE \ 1 1 �. 340
1180,4 T l' 200,' T l'
1500— o0 110— o00
1010-4 CO 10-4 �a)m
�X
Figure 28
Post 2030 General Plan Buildout Without Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
49 19604
14-178

Q;
QJyQQ- 10
D
C7
c
W
L
v
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
y/N Q� Campus Dr (EW) Birch St (EW)
ONO "-60 ONO *-20
Site J O LOrnN —630 Nco°r —310
IRVINE AVE ctp yQ� QQr� or-40 1 L -50
770:� ') 1 r' 716 �' 1 r'
6 990rocoo� 672 ronvv
M eR,s R,s� 200-4 �2 60,
FS49 r�� MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
�R Sys STti Von Kerman Ave (EW) Jamboree Rd (EW)
CD `-40 moo 170
°2 —180 �2r[n�2 —1123
A 1 v-171 1 L wr420
40-4 ` l' 670--4
170— M�� 1770— °'-o
� 164N�Rca
Campus Dr (NS)/ Campus Dr (NS)/ MacArthur Blvd (NS)/
Bristol St N (EW) Bristol St S (EW) Bison Ave (EW)
00 �250 No UNIVERSITY DR 0;� "-10
v� —2018 M� MN(00 —250
l pr 312 1 A� 1 1* 160
1370 � T l' 330 `i T w
1593— �� 270� ��
u7M 670� CO 210� CO
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St N (EW) Campus Dr (EW) Bristol St N (EW)
00 `-828 0�2 170 o0
oN —1740 C'O —840 T O
1 �r-502 A I L -800 A l
260 --4
oN 280— �p OO 'rLO
N
k/ 30� N CO
Birch St (NS)/ Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) ` Bristol St S (EW) University Dr (EW) 0No m 00 0o0M �170
VM rn
1 ejS0 AVE
850 2167,r T l' 510 -4 T l'
© 1203� Dorn 574� o� 120� (Nv
2101024--4 N ON
10-,
Legend
Q Study Intersection
Figure 29
Post 2030 General Plan Buildout With Project
AM Peak Hour Intersection Turning Movement Volumes
93')dJii 1400 Bristol Street North Residences
Traffic Impact Analysis
50 19604
14-179

IRVINE AVE
M�R
Campus Dr (NS)/
Campus Dr (NS)/
Bristol St N (EW)
Bristol St S (EW)
0�0
140
coo
N 0
— 2884
N M
A� l
r-541
1 550�
T l'
00 1427—
oD�
0�:
, 630�4
�: ct
C
Birch St (NS)/
Bristol St N (EW)
0000 164
CO — 1735
A) 1 542
a0o 0
�0
Birch St (NS)/
Bristol St S (EW)
N �
M
1 �
380
1499� Mo
130�, MM
Legend
QStudy Intersection
93')dJii
Q;
<
C-
v�`
a
c
W
L
v
/
Site J
`1 yQQ-
O
MacArthur Blvd (NS)/ MacArthur Blvd (NS)/
Campus Dr (EW) Birch St (EW)
0�0 `-190 000 W-360
rn�� —1470 M —1020
160 15
. 1 L 0
530: 1 ' 463� 1
\\\e
7'0—A ocoo
160� MC� I
470 000
70� 000?
MacArthur Blvd (NS)/
MacArthur Blvd (NS)/
Von Karman
Ave (EW)
Jamboree Rd (EW)
00CD
110
t'-00
180
;:
—210
r�n`9N
—1579
1 L
862
1 L
,r920
140--4
1 '
240�'
1 l'
270—
000
1485�
rn�N
100
72�
MacArthur
Bison Ave
NM0
Blvd (NS)/
(EW)
UNIVERSITY DR N00') -50
v Cl) v —400
A� 1 1* r-220
330 �r
210— (0
100-, NNE
Jamboree Rd (NS)/ Jamboree Rd (NS)/ t
Campus Dr (EW) Bristol St N (EW)
0 (0 C) "-530 (0 0
NNE —650 0�
A� 1 L -360 A 1
610--4
850— 00o N04 N
30� rnN
Jamboree Rd (NS)/ Jamboree Rd (NS)/
Bristol St S (EW) University or (EW)
m v rnrnrn �210
F) —110
ejSOA/ AVE \ 1 1 �. 340
1196,4 T l' 200,' T l'
1502— M 110— oMo
1012-, CO� 10-4 �a)m
NIX
Figure 30
Post 2030 General Plan Buildout With Project
PM Peak Hour Intersection Turning Movement Volumes
1400 Bristol Street North Residences
Traffic Impact Analysis
51 19604
14-180

9. CONGESTION MANAGEMENT PROGRAM
This section provides analysis of the project impacts at County facilities in accordance with typical Orange County Congestion Management Program (CMP) requirements.

BACKGROUND
The Orange County CMP is a result of Proposition 111, which was a statewide initiative approved by the voters in June 1990. To prevent gas tax revenues from being used to promote future development, the legislation requires that a traffic impact analysis be prepared for new development. The traffic impact analysis is prepared to monitor and mitigate traffic impacts caused by new development. In Orange County, the Measure M Growth Management Program requires similar efforts; however, compliance with the CMP is required for local jurisdictions to receive Measure M2 funds.

The Legislature requires that adjacent jurisdictions use a standard methodology for conducting a traffic impact analysis. Although details vary from one county to another, the general approach selected by each county for conducting traffic impact analyses has common elements. The Orange County CMP uses the Intersection Capacity Utilization methodology for analysis of intersections within the designated CMP roadway system.

CMP-MONITORED INTERSECTIONS
The following intersections in the City of Newport Beach are part of the CMP Highway System that require monitoring to ensure that Level of Service standards are maintained:
■ Newport Boulevard at Coast Highway
■ MacArthur Boulevard at Jamboree Road
■ MacArthur Boulevard at Coast Highway

REQUIREMENTS FOR IMPROVEMENTS
To determine whether the addition of project -generated trips results in an operational impact at a CMP study intersection, and thus requires improvements, the Orange County CMP utilizes the following requirements:
■ An operational project impact is defined to occur when a proposed project is forecast to increase traffic demand at a CMP study facility by more than three percent of capacity (V/C > 0.03), causing or worsening Level of Service F (V/C > 1.00).

CRITERIA FOR PREPARATION OF CMP IMPACT ANALYSIS
The Orange County CMP uses the following criteria to determine if a proposed development requires analysis:
■ Development projects forecast to generate 2,400 daily trips or more and have indirect access to a CMP facility; or development projects forecast to generate 1,600 daily trips or more and have direct access to a CMP facility; or
■ Projects with a potential to create an impact of more than three percent of Level of Service E capacity.

Since the proposed project has indirect access to a CMP facility (e.g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis.
93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
52 19604
14-181

10. SITE ACCESS AND CIRCULATION
This section includes a description of project improvements necessary to provide site access and an evaluation of site access and circulation. The following section is based on the site plan used in this traffic impact analysis.

SITE ACCESS
Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn in/out only access.

Based on the forecast project trip distribution patterns, the majority of the project trips, particularly resident trips during the AM/PM peak hours, are expected to access the site via the project driveway at Bristol Street North. Bristol Street North is a three -lane arterial roadway at the project driveway that connects with other arterial and regional roadway facilities. Westbound traffic along Bristol Street North at the project driveway will operate in free -flow conditions. Right turns into the project site from Bristol Street North will have no conflicting vehicular movements and are therefore expected to cause minimal to no delays along Bristol Street North.

ON -SITE CIRCULATION
The proposed project site plan indicates on -site subterranean drive aisles will be a typical minimum of 26 feet along the drive aisles with perpendicular parking spaces, which is generally adequate for two-way circulation and provides sufficient space for most vehicles to back out and conveniently exit the parking stall. The project site plan proposes drive aisles from Bristol Street North and Spruce Street that terminate at parking garage entrances/exits with perpendicular parking and drive aisles within the parking garage. The final parking layout and circulation will be reviewed and approved by the City of Newport Beach.

In accordance with the City of Newport Beach Municipal Code development standards for parking areas (Section 20.40.070.A.1c), both project driveways provide a minimum set back of five (5) feet between the property line and the first parking space accessed from a public street (within the parking garage). Additionally, the two basement level parking layouts proposed allow for full circulation with no dead-end drive aisles. The only dead-end drive aisle located on the proposed ground floor parking layout includes a turnaround parking space.
931dii
53 1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-182

11. VEHICLE MILES TRAVELED

BACKGROUND
California Senate Bill 743 (SB 743) directs the State Office of Planning and Research (OPR) to amend the California Environmental Quality Act (CEQA) Guidelines for evaluating transportation impacts to provide alternatives to Level of Service that "promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses." In December 2018, the California Natural Resources Agency certified and adopted the updated CEQA Guidelines package. The amended CEQA Guidelines, specifically Section 15064.3, recommend the use of Vehicle Miles Travelled (VMT) as the primary metric for the evaluation of transportation impacts associated with land use and transportation projects. In general terms, VMT quantifies the amount and distance of automobile travel attributable to a project or region.

All agencies and projects State-wide are required to utilize the updated CEQA guidelines recommending use of VMT for evaluating transportation impacts as of July 1, 2020.

The updated CEQA Guidelines allow for lead agency discretion in establishing methodologies and thresholds provided there is substantial evidence to demonstrate that the established procedures promote the intended goals of the legislation. Where quantitative models or methods are unavailable, Section 15064.3 allows agencies to assess VMT qualitatively using factors such as availability of transit and proximity to other destinations. The Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA (State of California, December 2018) ["OPR Technical Advisory"] provides technical considerations regarding methodologies and thresholds with a focus on office, residential, and retail developments as these projects tend to have the greatest influence on VMT.

VMT ASSESSMENT AND SCREENING
The project VMT impact has been assessed in accordance with guidance provided by the City of Newport Beach SB743 Implementation (April 6, 2020) ["the City VMT Guidelines"] and City Council Policy K-3. The transportation guidelines provide a framework for "screening thresholds" for certain projects that are expected to cause a less than significant impact without conducting a detailed VMT study. The proposed project is considered a residential land use.

The City VMT Guidelines contain a map of VMT per capita for all existing Newport Beach residential areas (see Appendix F). VMT per capita in each area is compared to the regional average VMT per capita for Orange County. This map shows areas where residential development have a VMT per capita lower than the Orange County regional average and may therefore be presumed to result in a less than significant VMT impact based on guidance provided in the OPR Technical Advisory.

The proposed project is in an area with low residential VMT per capita. Therefore, the proposed project is presumed to have a less than significant impact on VMT since it satisfies the City -established screening criteria. No additional VMT modeling or mitigation measures are required. 93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
54 19604
14-183

12. CONCLUSIONS
This section summarizes the findings and mitigation measures (if any) identified in previous sections of this study.

PROJECT TRIP GENERATION
The existing project site land use is estimated per Table 2 to generate approximately 420 daily trips, including 59 trips during the AM peak hour and 56 trips during the PM peak hour. The proposed project site land use is forecast to generate approximately 1,044 daily trips, including 85 trips during the AM peak hour and 90 trips during the PM peak hour. Therefore, the proposed project is forecast to result in a net increase of approximately 624 net new daily trips, including 26 net new trips during the AM peak hour and 34 net new trips during the PM peak hour.

TPO IMPACT ANALYSIS
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no Level of Service impacts at the study intersections for TPO Year 2027 With Project conditions and no improvements are required.

CEQA YEAR 2027 IMPACT ANALYSIS
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for CEQA Year 2027 With Project conditions and no new mitigation measures are required.

CEQA GENERAL PLAN COMPARISON IMPACT ANALYSIS
The addition of project -generated trips is not forecast to cause any study intersection to operate deficiently (Level of Service E or F) or worsen a deficient intersection operation by more than one percent of capacity; therefore, the proposed project is forecast to result in no significant Level of Service impacts at the study intersections for General Plan Comparison: Post 2030 General Plan Buildout With Project conditions and no new mitigation measures are required.

VMT SCREENING
The proposed project is located in an area with VMT per capita lower than the Orange County regional average for residential use. Per the City VMT Guidelines, the project is therefore presumed to have a less than significant impact on VMT.

CONGESTION MANAGEMENT PROGRAM
Since the proposed project has indirect access to a CM facility (e.g., MacArthur Boulevard or Jamboree Road) and is forecast to generate less than 2,400 daily trips, the proposed project does not satisfy the criteria for preparation of a separate CMP impact analysis.

SITE ACCESS AND CIRCULATION
Vehicular access is proposed to be maintained at Spruce Street with the existing project driveway on Bristol Street North relocated approximately 65 feet to the northwest. Since Bristol Street North is a one-way street, the relocated project driveway at Bristol Street North will continue to provide right turn in/out only access. 93rldipi 1400 Bristol Street North Residences
Traffic Impact Analysis
55 19604
14-184

The project driveway at Spruce Street will continue to provide full access. Based on review of the adjacent development and lane configurations along Bristol Street North and Spruce Street, the existing lane configurations are anticipated to provide adequate circulation. 931dii
Orr
1400 Bristol Street North Residences
Traffic Impact Analysis
19604
14-185

GANDDINI GROUP INC.
714.795.3100 1 ganddini.com
14-187

Planning Commission Resolution No. PC2023-043
Paae 31 of 42
EXHIBIT "H"

CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The development shall be in substantial conformance with the approved site plan, floor plans, landscape plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval).

2. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach ("City") and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.

3. Entitlements granted under PA2022-0296 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code ("NBMC'), unless an extension is otherwise granted by the City for a period of time provided for in the Development Agreement pursuant to California Government Code Section 66452.06(a).

4. The proposed residential development shall consist of 229 apartment units, inclusive of 153 base units (conversion and GPA units) and 77 density bonus units.

5. A minimum of 23 apartment units shall be made affordable to very -low-income households consistent with the approved Residences at 1400 Bristol Street Affordable Housing Implementation Plan and Density Bonus Application dated August 11, 2023.

6. Maximum height of the residential structure shall be 85 feet. No building or any portion of structure, architectural feature or mechanical equipment shall exceed 85 feet.

7. Prior to the issuance of a building permit, an affordable housing agreement shall be executed in a recordable form as required by the City Attorney's Office.

8. The on -site recreational amenities including private balconies, a clubroom, podium courtyard, a roof deck, media room, business center, etc. as illustrated on the approved plans shall be provided and maintained for the duration of the Project. The exact mix of amenities may be modified from the original approved plans subject to the approval by the Community Development Director. The total floor area or open space area dedicated to on -site recreational amenities shall not be reduced.

9. The residential parking garage shall have the following features:
a. A safe, secure and well lighted and signed pedestrian paths for all users. 14-188

Planning Commission Resolution No. PC2023-043
Paae 32 of 42
b. Adequate and uniform lighting throughout each parking level. c. Panic alarms and two-way communication systems in prominent locations on each parking level.

10. Prior to the issuance of a building permit, an acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Planning Division describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards.

The Project shall be attenuated in compliance with the report.

11. The residential structure shall be attenuated to provide an interior noise level of 45 dBA CNEL or less. Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate by the City shall be incorporated in the design of the new residential structure to provide adequate noise attenuation.

12. The design of the residential structure shall provide adequate noise attenuation between adjacent units (common floor/ceiling) in accordance with the California Building Code (CBC).

13. Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas.

14. Advanced air filtration systems for buildings shall be considered to promote cleaner air without the opening of windows.

15. Prior to the issuance of a building permit, the Applicant shall submit to the Community Development Department a final copy of FAA Determination of No Hazard to Air Navigation reflective of the proposed building height.

16. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share Traffic Fees and Transportation Corridor Agency fees shall be paid for the Project.

17. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project.

18. Prior to the issuance of a building permit, the Applicant shall pay applicable property development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax) for the Project.

19. Prior to the issuance of a building permit, the Applicant shall pay the Project's fair share of public safety fee, as determined by the Community Development Director, to fund the cost of staffing, services and equipment as necessary for fire -related public safety purposes. 14-189

Planning Commission Resolution No. PC2023-043
Paae 33 of 42

20. The Applicant shall comply with all provisions of the Development Agreement including payment and timing of the public benefit fees.

21. The property management company shall distribute a written disclosure statement prior to lease or rental of any residential unit. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every lessee or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement.

The Applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the Project: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach.

22. Disturbance to or removal of potential bird nesting habitat shall be prohibited during the migratory bird nesting season (February 1 through August 31) unless a migratory bird nesting survey is completed. If demolition and/or vegetation removal is planned to occur during the migratory bird nesting season (February 1 through August 31), then a migratory bird nesting survey shall be completed in accordance with the following requirements:
a. Within three (3) days prior to initiating demolition, tree removals and/or vegetation clearing, a nesting bird survey shall be conducted by a qualified biologist within the suitable habitat to be removed and within a 250-foot radius. b. If the survey reveals no active nesting, the proposed action may proceed. c. If the survey identifies the presence of active sensitive bird nests, then the nests shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (i) the adult birds have not begun egg -laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. d. If the biologist is not able to verify any of the conditions from sub -item "b,"above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species - appropriate (no less than 100-foot radius around the nest for non -raptors and no more than a 500-foot radius around the nest for raptors, or as otherwise determined by the qualified biologist) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities. The nests and buffer zones shall be field checked approximately weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall 14-190

Planning Commission Resolution No. PC2023-043
Paae 34 of 42
commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survive independently from the nests.

23. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to this Site Development Review application or the processing of a new application.

24. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.

25. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of the approved entitlements.

26. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code.

27. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits.

28. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought -tolerant plantings and water -efficient irrigation practices, and the plans shall be approved by the Planning Division.

29. All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.

30. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.

31. Prior to the issuance of a building permit, the Applicant shall prepare photometric study for the Project in conjunction with a final lighting plan for approval by the Planning Division. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways.

Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 14-191

Planning Commission Resolution No. PC2023-043
Paae 35 of 42

32. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified in conditions of approval.

33. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.

34. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code.

The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher:

Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA

35. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent.

36. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays.

37. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. Refuse collection shall comply with the loading a pick up location identified on approved plans.

The Applicant's property management company shall contract with a franchised hauler on the City list of authorized companies.

38. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division.

Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements).

39. A qualified monitor, one from each consulting tribe (the Juaneno Band of Mission Indians - Acjachemen Nation, Gabrieleno Band of Mission Indians - Kizh Nation, and Gabrielino 14-192

Planning Commission Resolution No. PC2023-043
Paae 36 of 42
Tongva Indians of California), shall be retained and compensated as Native American Monitors for the project site prior to the commencement of any ground -disturbing activity to the completion of ground disturbing activities to monitor grading and excavation activities. A rotation schedule between the three tribes shall be established with the applicant. Voluntary monitoring by each consulting tribe is permitted on days that the tribe(s) is not scheduled to monitor.

40. The rotating monitors, one from each consulting tribe, shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, including public improvement work if undertaken by the applicant). "Ground -disturbing activity" shall include, but is not limited to, any demolition that includes subterranean impacts, potholing, auguring, boring, grading, excavation, drilling, and trenching.

41. A copy of the executed monitoring agreement shall be submitted to the City prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity.

42. The monitors shall complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR'), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs shall be shared between the three monitors and provided to the project applicant/lead agency upon written request to the monitors.

43. On -site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the consulting tribes from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the consulting tribes to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact TCRs of the consulting tribes.

44. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., within the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor and/or archaeologist. The monitors will recover and retain all discovered TCRs in the form and/or manner the tribes deem appropriate, in the tribes' sole discretion in coordination with the applicant, and for any purpose the tribes deem appropriate, including for educational, cultural and/or historic purposes.
14-193

Planning Commission Resolution No. PC2023-043
Paae 37 of 42

45. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

46. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.

47. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

48. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.

49. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

50. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Residences at 1400 Bristol Street including, but not limited to General Plan Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Development Agreement, Addendum to the 2006 General Plan Update Program Environmental Impact Report, and Traffic Study, PA2022-0296. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.

Public Works Department

51. All improvements shall be constructed as required by Ordinance and the Public Works Department.

52. An encroachment permit shall be required for all work activities within the public right of way.
14-194

Planning Commission Resolution No. PC2023-043
Paae 38 of 42

53. The final Construction Management Plan (CMP) shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to building permit issuance.

54. A Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. The PMP shall include information regarding gate operation, move -in and move -out, ride share area, guest parking areas and residential parking areas.

55. Parking layout and ramp slopes shall comply with the City Parking Lot Standard 805. Dead- end drive aisle in public areas and/or unassigned parking areas shall provide a dedicated turn around space and minimum 5-foot drive aisle extension.

56. The applicant shall reconstruct all existing broken and/or otherwise damaged curb, gutter and sidewalk along the Spruce Street and Bristol Street North frontages per City Standards.

57. The applicant shall construct an 8-foot wide sidewalk along the Bristol Street North frontage and dedicate all applicable easements to the City to accommodate the 8-foot wide sidewalk.

58. The applicant shall provide an additional 2-foot wide easement along the Bristol Street North frontage for sidewalk purposes to accommodate a 10-foot wide sidewalk. The applicant shall construct a 10-foot wide sidewalk along the Bristol Street North project frontage when other developments in the area occurs and/or future pedestrian/cyclist volumes/usage increase, as directed by the Public Works Department.

59. The applicant shall provide a 6-foot wide sidewalk around the proposed pull-out area. The applicant shall dedicate all applicable easements to the City to accommodate the 6-foot wide sidewalk.

60. All deliveries shall be accommodated on -site and prohibited from parking or stopping within the public right of way. Only ride share vehicles shall be permitted to utilize the pull-out area located on Spruce Street.

61. The proposed driveway shall be constructed per City Standard 161. The radius for the Bristol Street North driveway shall be minimum 20-foot radius and the radius for the Spruce Street driveway shall be 15-foot minimum.

62. All on -site fire hydrants shall be privately owned and maintained.

63. An encroachment permit and encroachment agreement shall be obtained for the proposed pedestrian bridge located across Spruce Street. The bridge vertical clearance heights shall comply with latest Caltrans Highway Design Manual.

64. All landscaping along the Spruce Street and Bristol Street North frontages shall comply with the City's line of sight standard 105.
14-195

Planning Commission Resolution No. PC2023-043
Paae 39 of 42

65. Final design of the water and sewer services is subject to further review by the Public Works Department during plan check.

66. Final design of the modified storm drain inlets is subject to further review by the Public Works Department during plan check.

67. The Spruce Avenue entrance shall be designed to accommodate a turnaround area prior to the garage entry and a minimum 3 vehicle queue prior to the call box. The turnaround shall comply with the AASHTO turning templates. The vehicle queue shall be located entirely outside of the Spruce Avenue right-of-way.

68. Prior to the issuance of a Certificate of Occupancy, the Applicant shall coordinate with the City to complete the required off -site improvements identified in the Sewer Capacity Study dated August 11, 2023, to the satisfaction of the Public Works and Utilities Directors. The Applicant shall be responsible for their fair share cost of the improvements as determined by the City, which may include the payment and construction of the entire improvement unless the City assumes the cost of the improvement.

Building Division

69. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required before the issuance of a certificate of occupancy.

70. Deleted.

71. All new construction shall comply with 2022 California Code Edition.

72. A grading bond shall be required prior to grading permit issuance.

73. A geotechnical report shall be submitted to the Building division for review prior to grading permit issuance.

74. Deleted.

75. A drainage and hydrology study shall be submitted prior to grading permit issuance.

76. Deleted.

77. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts:

Dust Control
• Water all active construction areas at least twice daily. 14-196

Planning Commission Resolution No. PC2023-043
Paae 40 of 42
• Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.

Emissions
• Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment.

Off -Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours. �Iacement
Sandbag construction sites for erosion control.

Fill
• The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer.

78. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality.

79. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur.

80. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify 14-197

Planning Commission Resolution No. PC2023-043
Paae 41 of 42
the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.

81. Prior to the building plan check submittal, the Applicant shall submit the Project for Building Code Preliminary Review.

82. The residential dwelling units and their common use areas shall comply with Housing Accessibility per Chapter 11A.

83. The nonresidential portion of the development shall comply with the public accommodation requirements per Chapter 11 B.

84. The new bridge over Spruce Street shall comply with CBC Section 3104 and all of its sub- sections under the Pedestrian Walkways and Tunnels requirements.

85. The pedestrian bridge shall comply with accessibility requirements.

Electrical, Mechanical, Plumbing

86. Prior to building permit issuance, project plans shall demonstrate compliance with the following:
a. Below grade enclosed parking garage requires exhaust and ventilation per CIVIC 403.7.1 and Energy Code 120.6(c).
b. Parking exhaust / ventilation from below grade must meet termination requirements based off CIVIC 502.2.2. Make up air for below grade parking garage shall be placed to avoid recirculation of contaminated garage air.
c. Indoor air quality requirements for dwelling units shall follow Energy code section 160.2 which states that operable windows are not allowed as means for providing outside air to dwelling areas.
d. Multifamily buildings shall meet the mandatory requirements for Electric Ready Buildings per Energy code section 160.9.

Real Property Division

89. Prior to issuance of building permits for the pedestrian bridge, the Applicant shall demonstrate compliance with the following:
a. Applicant shall enter a lease agreement or other form of agreement as determined by the City for use of air rights over the Spruce Street right-of-way.

The agreement shall require that the bridge be owned, operated, and maintained by the property owner of 1400 Bristol Street.
b. Applicant shall pay for the appraisal of air rights required prior to negotiation of lease terms.
14-198

Planning Commission Resolution No. PC2023-043
Paae 42 of 42
c. Insurance and surety bonds shall be required.

90. Final details of bridge design, including materials used, height and other dimensions shall be subject to landlord (City) review and approval.

Fire Department

91. Fire protection systems, and the emergency responder radio system shall be inspected and approved by the Fire Marshal.

92. Prior to the building permit issuance, a fire master plan shall be submitted and approved by the Fire Marshall.

93. Prior to any foundation permit issuance for the garage basement area, a temporary fire department access way, as approved by the Fire Department, shall be provided until the permanent fire access way is installed. Required fire and life safety systems, including the fire sprinkler system, shall be operational in the garage basement areas used for parking by the construction crews and for storage of building materials and construction equipment.

94. One elevator shall be gurney sized and equipped as a medical emergency elevator as CBC Section 3002.

95. Emergency responder radio coverage shall be required to comply with NBFD Guideline D.05 "Public Safety Radio Coverage" and CFC Section 510.

96. Emergency power and Standby Power System shall be required as per CFC Section 604.2.14.

97. An automatic sprinkler system shall be installed in accordance with CFC Section 903.2 amendment shall be provided throughout all buildings.

98. A standpipe system shall be required and installed as per CFC Section 905.3.1.

99. Fire Alarm system shall be provided as per CFC Section 907.2.9. 100. New pedestrian bridge shall meet all fire department access requirements and shall not obstruct access.
14-199

Attachment E
ALUC Staff Report, dated January 18, 2024
Available separately due to bulk:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2940763&dbid=0&repo=CNB 14-200

Attachment F
ALUC Determination Letter, dated January 23, 2024
14-201

ORANGE I COUNTY
January 23, 2024

AIRPORT LAND USE COMMISSION

FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 Liz Westmoreland, Senior Planner
City of Newport Beach Community Development
100 Civic Center Drive
Newport Beach, CA 92660
Subject: ALUC Determination for 1400 Bristol Street Residences, General Plan (Land Use) Amendment and Newport Place Planned Community Amendment Dear Ms. Westmoreland:

During the public meeting held on January 18, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 6-0 vote, the Commission found the 1400 Bristol Street Residences, General Plan (Land Use) Amendment and Newport Place Planned Community Amendment to be Inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA) per:

1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports maybe incompatible with general welfare of the inhabitants within the vicinity of an airport."

2. Section 2.1.2 Safety Compatibility Zones in which "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA."

3.2.1 General Policy (in pertinent part): "Within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which: (1) Places people so that they are affected adversely by aircraft noise, [or] (2) Concentrates people in areas susceptible to aircraft accidents..."
You may contact us at (949) 252-5170 or at alucinfo(gocair.com if you have any questions regarding this proceeding.

Sincerely,
Lea U. Chourn
Executive Officer
cc: ALUC
14-202

Newport Beach City CouncilFebruary 13, 2024

Newport Beach City Council
February 13, 2024